Air Marshall Adesola Amosu (retd) on trial for fraud

By Akin Kuponiyi

Justice Mohammed Idris, presiding over a Federal High Court in Lagos south west Nigeria today adjoined till 3 October 2017 for the continuation of the trial of the former Chief of Air staff Adesola Amosu and others for fraud of N22.8 billion. The judge also declined to accede to the request by the Economic and Financial Crimes Commission EFCC to pay a visit to the location of some landed properties allegedly purchased by a former Chief of Air Staff, Air Marshal Adesola Amosu (retd.), with funds looted from the coffers of the Nigerian Air Force.

The judge, in a ruling , today described the application as premature, noting also that the circumstances surrounding the properties did not generate any controversy to warrant his going to see the properties. Besides, the judge held that the decision to embark on such a visit was usually at the judge’s discretion and not at the request of any litigant.

EFCC prosecutor, Rotimi Oyedepo, had on Wednesday at the resumed trial of Amosu and 10 others for an alleged fraud of N22.8bn, made an oral application for Justice Idris to pay a visit to the site of some properties traced to Amosu and others as EFCC wanted to tender the properties as exhibit before the court but since they were immovable properties, the judge should pay a visit to the locations to confirm the existence of the properties. Oyedepo said that the request for the judge to visit the “locus” site was consistent with the provisions of Section 127 of the Evidence Act.

“The purpose of the application is only to allow for the confirmation of the existence of the properties in question,” Oyedepo said.

But Amosu’s lawyer, Chief Bolaji Ayorinde (SAN),opposed the application, contending that the prosecution did not lay proper foundation for such application.

Ayorinde argued that the nature of such visit that Section 127 of the Evidence Act provided for was not at large.

Consequently, Justice Idris, today turned down the application to see Amosu’s properties, including a multi-million naira diagnostic centre in the Ikeja Area of Lagos,Lagos State.

Amosu is standing trial alongside a former Chief of Accounts and Budgeting at the Nigerian Air Force, Air Vice Marshal Jacob Adigun; and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.

The EFCC alleged that the defendants diverted N22.8billion, belonging to the Nigerian Air Force, using a number of phony companies.

The said companies were also joined as defendants in the criminal charge.

They are Delfina Oil and Gas Ltd., McAllan Oil And Gas Ltd, Hebron Housing and Properties Company Ltd., Trapezites BDC, Fonds and Pricey Ltd., Deegee Oil and Gas Ltd., Timsegg Investment Ltd., and Solomon Health Care Ltd.

However, Justice Idris granted an application by the second defendant, Adigun, to travel to seek medical assistance.

Adigun’s counsel, Mr. Norrison Quakers (SAN), had urged the judge to grant the “innocuous” application, assuring that his client would be back before the next adjourned date, “in view of the court’s vacation that is around the corner.”

The EFCC lawyer, Oyedepo, did not oppose the application, saying, “In view of the fact that the application will not affect the proceedings before My Lord, we want to leave the granting or refusal of same to the discretion of My Lord.”

In a short ruling, Justice Idris held that “The justice of this case, in my view, lies in the granting of this application. The application is hereby granted.”

Further proceeding in the case was subsequently adjourned till October 3, 2017 after the court’s long vacation commencing on July 10 and ending in September.