EFCC amends N21b fraud charge against Amosu

The Economic and Financial Crimes Commission (EFCC) has amended its fraud charge against former Chief of Air Staff Air Marshal Adesola Amosu.

He was charged with former Nigeria Air Force (NAF) Director of Finance and Budget Air Commodore Olugbenga Gbadebo and former NAF Chief of Accounts and Budgeting Air Vice Marshal Jacob Adigun.

The amendment followed the elevation of the trial judge, Justice Mohammed Idris, from the Federal High Court in Lagos to the Court of Appeal.

The case has been re-assigned to Justice Chukwujekwu Aneke and will begin all over again (de novo).

In the amended charge, EFCC reduced the number of defendants from 11 to three, removing the eight companies previously named in the charge.

EFCC’s lawyer Rotimi Oyedepo told Justice Aneke that the amended charge was dated October 15.

He prayed that it be accepted and read to the defendants for their plea.

But, Amosu’s lawyer Chief Bolaji Ayorinde (SAN) said although the prosecution had the right to amend the charge, there should be a pronouncement discharging and acquitting the other defendants, the prosecution having dropped the complaints against them.

He said: “The old charge contained 11 defendants while there are only three defendants in the new charge. The court already has jurisdiction over the existing charge. The old charge must be given a decent burial as it cannot co-exist with the new charge.

“If the prosecution is withdrawing the old charge for the new charge, there must be a consequential pronouncement by the court. A pronouncement ought to be made regarding the fourth to 11th defendants that are not part of the new charge.”

The SAN urged the court to rely on Section 355 of the Administration of Criminal Justice Act (ACJA) 2015 to discharge and acquit the companies, a submission other defence counsel aligned themselves with.

But, Oyedepo argued that the court could only consider any objection after the defendants’ re-arraignment on the new charge.

Justice Aneke adjourned until November 13 for ruling.