N22.bn fraud: Former Airforce Chief of Staff, others oppose EFCC tendering their statements

The trio of three former Airforce Chiefs, Air Marshall Adesola Nunayon Amosu, Vice Marshall Jacob Adigun, and Commodore Gbadebo Olugbenga, over alleged N22. 8 billion fraud, on Wednesday refused the EFCC from tendering their written statements.

Air Marshal Amosu, Vice Marshall Adigun, and Commodore Gbadebo, alongside eight limited liability companies are standing trial over alleged fraud, while acting as Chief of Air Staff, Director of Finance and Budgeting, and Deputy Director of Finance and Budgeting of Nigeria Air Force (NAF)

Companies charged alongside the trio are: Delfina Oil and Gas Limited, Mcallan Oil And Gas Limited, Hebron Housing and Properties Company Limited, Trapezites BDC, Fonds and Pricey Limited, Timsegg Investment Limited and Solomon Health Care Services.

At Wednesday’s proceeding Tosin Owobo, an investigator with the EFCC told the court that he was among the team that investigated and took the statements of the three former Airforce Chiefs.

Owobo who is the second prosecution witness after narrating how several Nigerian banks aided the defendants in the alleged fraud, tendered their statements, which he said were jointly taken by his team.

Their lawyers, led by Chief Bolaji Ayorinde, Mr Norrison Quakers, Kemi Balogun, Rotimi Ogunesan, all Senior Advocates of Nigeria (SANs), leading other lawyers, opposed the tendering of their clients’ statements by Owobo.

The defence team, while citing Section 17(2) of Administration of Criminal Justice Act, 2015, said the statements can only be tendered by an officer who endorsed the statements.

Chief Ayorinde (SAN), particularly stated that page one to 16 of his client’s statement were not endorsed, it was only page 17 and 18 of the statements were endorsed by one Obinna Hycinth.

He also added that since Owobo was not the person who endorsed the statements, the court should not admit the statements through him, rather, the statement should be admmitted through Obinna Hycinth, who endorsed the statements.

Other defendants’ lawyers adopted the arguments and submission of Chief Ayorinde (SAN).

Responding, EFCC counsel, Rotimi Oyedepo, while urging the court to admit the statements sought to be tendered through Owobo, submitted that the Section of ACJA cited by defence team does not regulate the receiving of document in the Evidence Act.

Oyedepo specifically told the court that the only convinceable objection of the statements of the defendants can only arise on the grounds of involuntariness, especially, when the statements are produced in their original forms.

He therefore urged the court to discountenance the objection raised by the defendants and admit the statements through the second prosecution witness.

After listening to the arguments and submissions of both parties, Justice Mohammed Idris, adjourned the matter till Thursday, for ruling and continuation of trial of the three defendants and their companies.

The accused persons were first arraigned before the court on June 29, on 23 counts charge bordering on Fraud, money laundering, and stealing.