Justice Chukwujekwu Aneke of a Federal High Court in Lagos on Tuesday, has dismissed a N21. 5 billion money laundering charge preferred against a former Chief of Air Staff, Adesola Amosu, and two others by the Economic and Financial Crimes Commission.
On June 29, 2016, the EFCC arraigned Amosun, former Nigeria Air Force Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun, and former Director of Finance and Budget, Air Commodore Gbadebo Olugbenga, on a 26-count charge.
But they were later re-arraigned before Justice Chukwujekwu Aneke in a 13-count amended charge marked FHC/L/280C/16 on money laundering to the tune of N21.5 billion.
The defendants were accused of conspiring and unlawfully diverting NAF funds for personal use, prompting their prosecution.
However, Justice Aneke delivered a ruling on Tuesday concerning the defendants’ motion to quash the charges against them, ultimately siding with their argument. He upheld a preliminary objection challenging the court’s jurisdiction due to the defendants’ status as military officers at the time of the alleged offenses.
Defence counsel had argued that the defendants were, therefore, only subject to trial by a court-martial, since they were still officers during the period
- The judge held, “As officers of the armed forces, they ought to have been first investigated by the armed forces and tried rather than charging them before this court.”
He declared the investigation into Amosun, which was initiated on January 30, 2015, null and void.
Justice Aneke also quashed the amended charges against the defendants.
Backstory
- On June 29, 2016, the EFCC first arraigned Amosun alongside a former Nigeria Air Force Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun, and a former Director of Finance and Budget, Air Commodore Gbadebo Olugbenga, on a 26-count charge.
- Amosu was prosecuted by the Economic and Financial Crimes Commission (EFCC) for alleged conspiracy and conversion of the funds belonging to the Nigerian Air Force to their personal use. Also being prosecuted with him are a former Chief of Account and Budgeting, and Air Commodore Gbadebo Owodunni, a former Director of Finance and Budgeting.
- November 13, 2018, the anti-graft agency, however, re-arraigned Amosu and the defendant on an amended 13-count charge bordering on money laundering to the tune of N21.5 billion.
- The case was adjourned till June 7 and 8, 2023 for the continuation of trial.
- However, the court declared on Tuesday the investigation into Amosun, which was initiated on January 30 2015, null and void.
