Friday 8 July 2016

N22.8bn Fraud: Air Marshal Amosu, Others applied for Plea Bargain

The Economic and Financial Crimes Commission (EFCC), prosecutor, Mr. Rotimi Oyedepo, has informed a Lagos Federal High Court, that, former Chief of Air Staff, Air Marshal Adesola Amosu Nunayon (Rtd), two senior serving Air Force officers, Air Vice Marshal Jacob Bola Adigun, Air Commodore Gbadebo Owodunni Olugbenga, who were charged before court, on 23 counts  bordering on Fraud, money laundering and stealing have applied for a plea bargaining.
Mr. Oyedepo stated this at the resumed proceedings of the matter today, which was slated for trial.
Air Marshal Amosu, and the two Serving senior Air Force Officers, Air Vice Marshal Adigun, Commodore Olugbenga and some limited liability companies were charged before the court on June 29, for the alleged Offences.
The companies were; Delfina Oil and Gas Limited, McAllan Oil and Gas Limited, Hebron Housing and Properties Company Limited, Trapezitrs Bureau De Change ((BDC), Fonds and Pricey Limited, Deegee Oil and Gas Limited, Timsegg Investment Limited, and Solomon Health Care Limited.
The accused persons were alleged to have commited the offences between March 5, 2014, and May 4, 2015.
The offences according to the EFCC are contrary to sections 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012, and punishable under Section 15(3) of the same Act.
They all pleaded not guilty to the charge.
Upon their pleas, the presiding judge, Justice Mohammed Idris while ruling on the submissions of both parties, admit bails to the accused persons in the sum of N500 million with two sureties in the same like sum.
At the resumed proceedings of the matter today, Mr. Oyedepo informed the court that the accused u had approached the Commission for a plea bargain, and that the agreements drafted by the Commission have been served on lawyers to the accused persons.
He therefore urged the court to allow the Commission to open accused persons' trial.
But lawyer to Air Marshal Amosu, Chief Bolaji Ayorinde (SAN), while opposing to the commencement of  trial, informed the court that the prosecution failed to tell the court that it's yet to obey court's order as relate to the bail conditions of the accused persons.
Chief. Ayorinde said: "the prosecution left out the fundamental issue, which is court admitting bail to the accused.
"As at now, the accused are still remain in the custody of the Commission or prisons' custody. We have satisfied all the conditions, I expected the prosecution to inform the court if the affidavit have been."
In the same vain, Mr. Norrison Quakers (SAN), who led two other Senior Advocate, Mr Kemi Balogun and Rotimi O, said the prosecution was not in position to tell the court that it is ready for trial.
He also confirmed that the accused persons' lawyers met with the Commission for the accused plea bargain, but said since the first meeting, the Commission has not communicate with them, but only to serve them the draft of the agreement in court today.
He said: "we are in court to inform as the state of affairs as par the bail. We are surprised that the prosecution failed in telling the court the step taken on the bail.
"Let the prosecution tell the court the report of their finding."
Also, Mr. A. Etuokwu, lawyer to Commodore Olugbenga, while aligned himself with the submissions of the two senior lawyers, urged the court to discontinuance the prosecution's applications to commence the accused persons trial today.
Responding to the accused persons' lawyers submissions, the prosecutor, Mr. Oyedepo reffered the court to its ruling, saying that the matter was slated for trial. He therefore urged the court to allow the Commission commence the trial of the accused.
"The court will also see that we did not opposed the bail applications. We didn't induced them to approach us for plea bargain.
"On the issue of verification, we are in the process of complying with the court order. The accused persons took their pleas and on second day, the court Registrars forwarded some documents to the Commission for authentication, and we took our time during the holidays to verify this documents.
"I urged the court to allow us, if they said the they are no longer believe in the plea bargain, we are ready for trial".
Chief. Ayorinde (SAN), in response said no court in the land will sit when its order is yet to be obey. He stated that it is the duty of the prosecution that the court order must be carry out.
He informed the court that the trial could only go on if the prosecution will undertake that it will furnish the court with the affidavit on the verification.
Upon listened to the parties, Justice Mohammed Idris in his bench ruling directed the EFCC to conclude the verification on it before next week Monday.
"I have listened to the submissions of the lawyer to the defendants, and and arrangement is going on towards settlement of the matter.
The court has granted bail to the defendants and the prosecution hasn't concluded the verification.
"In view of this, the EFCC is hereby directed to conclude the verification of the documents before Monday.
The matter has been adjourned till September 12 and 13, for commencement of trial.
The three Air Force Officers and their companies were alleged to have converted N22.8 billions of Naira belonging to the Nigeria Air Force (NAF), to their personal use.
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, Adigun 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.

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