Court of Appeal Affirms Acquittal of Former Air Force Chiefs in N22.8bn Fraud Case
The Court of Appeal, Lagos Division, has upheld the acquittal of former Chief of Air Staff, Air Marshal Adesola Amosu, alongside Air Vice Marshal Jacob Adigun and Air Commodore Gbadebo Olugbenga, in the N22.8 billion fraud case instituted by the Economic and Financial Crimes Commission (EFCC).
A three‑member panel led by Justice Yargata Nimpar delivered a unanimous judgment via Zoom, holding that the EFCC failed to comply with statutory conditions precedent under the Armed Forces Act, thereby depriving the trial court of jurisdiction.
Reading the lead judgment, Justice Paul Bassi emphasized that the issue had already been settled in binding judicial authorities, leaving no basis for the appellate court to depart from established law.
At the Federal High Court in Lagos, Justice Chukwujekwu Aneke had earlier upheld preliminary objections raised by the defendants, striking out the charges for lack of jurisdiction. The court ruled that since the defendants were serving military officers at the time of the alleged offences, prosecution could not proceed without adherence to the procedures prescribed in the Armed Forces Act.
The officers, arraigned on June 29, 2016 alongside seven companies, had faced charges of conspiracy, stealing, money laundering, concealment of proceeds of crime, and conversion of Nigerian Air Force funds allegedly committed in 2014.
Justice Bassi explained that while objections to the validity of a charge are typically considered with substantive issues, objections touching on jurisdiction, abuse of process, or failure to meet statutory preconditions may be determined at the preliminary stage.
The appellate court agreed with the defence that their applications challenged jurisdiction rather than the mere validity of the charges. It held that while defects in a charge may sometimes be curable, failure to satisfy statutory conditions precedent to jurisdiction is fatal.
The court relied on evidence showing that investigations commenced while the respondents were still serving officers, including a January 30, 2015 letter issued during inquiries into DG Oil and Gas Limited. It noted that Sections 121 and 123 of the Armed Forces Act, which mandate reporting allegations against serving officers to their commanding officers, were not complied with by the EFCC.
Consequently, the Court of Appeal dismissed the EFCC’s appeal in its entirety, affirming the Federal High Court’s ruling of February 6, 2024, and bringing the case against the three former Air Force officers to a definitive close.
