The Federal High Court in Lagos on Tuesday quashed the N21.5bn money laundry charges preferred against a former Chief of Air Staff, Adesola Amosun, and two others by the Economic and Financial Crimes Commission.
The EFCC had on June 29, 2016, 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.
But they were re-arraigned before Justice Chukwujekwu Aneke in a 13-count amended charge marked FHC/L/280C/16 on money laundering to the tune of N21.5bn.
The defendants were prosecuted for alleged conspiracy and conversion of the funds belonging to the NAF to their personal use.
In a ruling on Tuesday on the application filed by the defendants asking the court to quash the charge brought against them, Justice Aneke granted their prayers, by upholding a preliminary objection challenging the jurisdiction of the court to entertain the case on the grounds that the defendants were serving officers of the military at the time.
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 of Amosun dated January 30, 2015, null and void.
Justice Aneke also quashed the amended charges against the defendants.
Credit: The Nigeria Lawyer