Court Declares EFCC Witness Incompetence To Testify Against Ex-Air Force Chief, Amosu, Others

Justice Mohammed Idris of the Federal High Court in Lagos on Thursday held that an Economic and Financial Crimes Commission (EFCC) investigative officer, Owobo Tosin is not competent to testify in the ongoing trial of former Chief of Air Staff, Air Marshal Adesola Amosu Nunayon (rtd) and ten others currently standing trial over alleged N22.8 billion fraud.

Justice Idris, who made the declaration while ruling on an objection raised by the defendants challenging the competence of the witness to testify, held that unless the commission attached the statement of the witness to the proof of evidence he can not give evidence in the trial.

Amosu, was arraigned on June 29 this year by the EFCC alongside two senior serving Air Force officers, Air Vice Marshal Jacob Bola Adigun and Air Commodore Gbadebo Owodunni Olugbenga and seven companies.

Companies named in the charge 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.

The EFCC accused the them of conspiracy, stealing, money laundering, concealing of proceeds of crime and conversion of funds belonging to the Nigerian Airforce to their personal use around March 5, 2014 in Lagos.

They were also accused of concealing “proceeds of crime” and thereby committed an offence contrary to Section 18(a) of the
Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 17(a).

However, the defendants had pleaded not guilty to the charges, a development which made the trial judge, Justice Idris to grant  Amosun, Adigun and Olugbenga bail in the sum of N500m each with two sureties in like sum.

Justice Idris in his ruling also held that the prosecution approach in introducing the second witness, Tosin to testify in the matter without his statement being part of the proof of evidence before court was alien to the Administration of Criminal Justice Act.

The judge also held that the prosecution led by Rotimi Oyedepo must do the needful if Tosin must testify.

Immediately after the ruling, oyedepo notified the court of his intention to amend the proof of evidence in order to comply with the ruling of the Court.

But the move was again opposed to by the defendants.

Amosu’s lawyer, Chief Bolaji Ayorinde (SAN) while opposing the move, told the court that the prosecution cannot amend it evidence without seeking the leave of the court.

Ayorinde argued that the move by Oyedepo to amend the proof of evidence without a formal application is in variance to law.

Justice Idris has fixed today (Friday) to rule whether or not to allow the EFCC to amend the proof of evidence.

In one of the counts of the charge, the accused persons were alleged to have converted the sum of N21,467,634,707.43 billion, property of the Nigerian Air Force, which sum was derived from stealing, to their personal use.

They were also alleged to have between May 5, 2014 and 4 May 4, 2015 in Lagos, indirectly converted the sum of N5, 291, 306, 950.28 Billion, property of the Nigerian Air Force which sum your reasonably ought to have known forms part of the proceeds of an unlawful act, to wit: stealing.

Amosu, Adgun and Olugbenga, were alleged to have between July 17, and September 16, 2014, used the British Pounds Sterling equivalent of sum of N663, 443,291 million, removed from the accounts of the Nigerian Air Force to purchase for yourselves two properties situated at 50-52 Tenterden Grove, London (NW41TH) and 93B Shirehall Park, London NW4 2QU, United Kingdom.

The EFCC further alleged that  Amosu and his co-accused had  between March 3, 2014 and March 12, 2015, used the sum of N202, 920, 200 million, which they removed from the accounts of the Nigerian Air Force, to purchase for yourselves a property situated at 1, River Street, Wuse II Abuja.

Air Marshal Amosu and the two Air Force Officers were also alleged to have between March 6 and April 30, 2015, use the sum of N428, 139, 539 million, which they jointly removed from the accounts of the Nigerian Air Force, to renovate and purchase medical equipment for their hospital, Solomon HealthCare Limited, locates at 24, Adeniyi Jones Street, Ikeja Lagos.

Air Marshal Amosu and Air Vice Marshal Adigun were also alleged to have between January 8, and April13, 2015, used the sum of N1,701,400,570 billion, removed from the accounts of the Nigerian Air Force to purchase for themselves a property situate at Agobogba Street, Parkview, Ikoyi Lagos.

(Leadership)