Air Force ‘Thieves’ Trial: Vital Documents Disappear

Ladipo Sanusi/

Documents of properties bought with looted Nigerian Air Force (NAF) funds have grown wings overnight, as revelations are made about how officers-in-charge channeled military money into personal accounts.

A prosecution witness told a Federal High Court in Abuja today how a counsel to the former Chief of Defense Staff (CDS), Air Marshal Alex Badeh (retd) absconded with vital title documents.

Another witness told, a Federal High Court in Lagos, how a former Chief of Air Staff, Air Marshall Adesola Amosu Nunayon, diverted funds from various NAF accounts to his private businesses.

In Badeh’s case, the witness – Nuhu Dalhatu revealed how a lawyer to the former CDS absconded to Dubai with title documents of various properties allegedly procured with monies removed from the NAF accounts between January and December, 2013.

He made the disclosure while being cross-examined by Lasun Sanusi, SAN, who held brief for Badeh’s counsel, Akin Olujimi, SAN, before Justice Okon Abang of the Federal High Court, Maitama, in Abuja.

Badeh is being prosecuted by the Economic and Financial Crimes Commission (EFCC), alongside Iyalikam Nigeria Limited on a 10-count charge of money laundering, criminal breach of trust and corruption.

He allegedly abused his office as CDS by using the dollar equivalent of the sum of N1.4billion removed from NAF accounts to purchase properties in choice areas of Abuja between January and December, 2013.

Dalhatu, a forensic analyst of the EFCC, had earlier told the court that, the analysis of NAF statements of accounts, as well as key revelations by a NAF financial officer, Squadron Leader Emmanuel Abu, proved useful in investigations.

He said, “Investigations revealed that Barrister Hussaini Umar sold properties at the behest of Air Commodore Yushau, on behalf of Badeh, which title documents and power of attorney Umar said he had submitted to Barrister Timothy Muje, the company secretary to Iyalikam Nigeria Limited, for endorsement.

“The Commission made efforts to invite Barrister Muje, but he failed to turn up. We made attempts to arrest him only to find out that he had absconded through the Nnamdi Azikiwe International Airport for Dubai.”

Dalhatu further revealed that the investigating team executed a search warrant on one of Badeh’s properties at 6, Ogun River Crescent, Maitama, Abuja, and discovered two unaddressed waybills, exhibits T104 and T105.

When asked by Rotimi Jacobs, SAN, counsel to EFCC, to shed more light on the ownership of the waybills, Dalhatu said, “The two waybills were discovered in a room filled with furniture and were from a Kaduna-based furniture company, Almuhansay. In our interview with the Managing Director of Almuhansay, he said that while on one of his business trips, importing furniture from Dubai, he did not fill up his container and was approached by Mrs. Mary Iyah Badeh, who requested that he convey goods to Abuja for her.

“On arrival of the goods, he (MD, Almuhansay) said that he left the waybills unaddressed due to its sensitivity, and gave it to his driver for delivery. Mrs. Badeh’s furniture were marked ‘Badeh 1-9’.”

After re-examination, on new issues raised, the case was adjourned to May 16, 17 and 18 for further hearing.

In Amosu-Nunayon’s case, the EFCC witness, Tosin Owobo narrated today at the Federal High Court, in Lagos, how the former Chief of Air Staff diverted funds from various NAF accounts to his private businesses.

Amosu-Nunayon alongside Vice Marshall Jacob Adigun, NAF’s former Director of Finance and Budget, and his deputy Commodore Olugbenga Gbadebo, alongside eight Limited liability companies are being tried before the court over alleged N22.8billion fraud.

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.

Owobo who was led-in-evidence by Rotimi Oyedepo, counsel to EFCC, told the Court presided over by Justice Muhammad Idris, how about N860, 030, 710.7, meant for different NAF projects, were moved from three NAF’ Jet A1 bank accounts.

Amosu-Nunayon’s companies, where the monies were moved to according to the witness are: Hebron Housing and Property Limited, Solomon Healthcare Services Limited, and Solomon Enterprises Limited.

NAF’s accounts where the funds were moved to Amosu-Nunayon’s firms’ accounts are: NAF Jet A1 account, NAF operation account, NAF Special Emergency Operation account, Ministry of Defense (MOD), and Headquarters NAF’s account.

Owobo told the Court that the monies were moved to Amosu Nunayon’s companies between March 5, 2014 and April 7, 2015.

However, attempt to tender a bank account opening packages and mandate card with covering letters dated February 5, 2016, March 7, 2016, and April 18, 2016, belonging to Solomon Healthcare Services Limited and Solomon Enterprises Limited, by the prosecution was strongly opposed by the defendants’ lawyers on the ground that some pages of the letters are missing.

Chief Bolaji Ayorinde (SAN), counsel to Amosu-Nunayon and one of his companies, Solomon Healthcare Services Limited, particularly urges the court to discountenance the letter dated February 5, 2016, and marked as ‘tendered and rejected’, as it was not included in the additional Proof-of-Evidence served on the defense by the prosecution.

With regards to letter dated March 7, 2017 and April 18, 2016, Ayorinde also urged the Court not to admit them and marked it as rejected on the ground that pages 3 and 5 of its attachments are conspicuously missing from the front loaded documents supplied by the prosecution.

Amosu-Nunayon’s lawyer submitted: “Defect in the attachment is a virus which affects other documents defective. Therefore it should be marked as rejected.

“On the letter dated March 7, 2016, the same virus has afflicted the document, as page two to four are missing from the front loaded documents.

“I urge the Court to mark same as ‘tendered and rejected’.

In his response, EFCC lawyer, Mr. Oyedepo, while urging the Court not to mark the letters as ‘tendered and rejected’, said the prosecution had checked the second additional Proof-of-Evidence filed on March 25, 2017; that the letters dated March 7 and April 18, 2016, reflected in its form and content as front loaded to the defense.

He stated that on the letter dated February 5, 2016, he pleaded with the Court not to mark it as ‘tendered and rejected’, as it suffers no evidential defect, but to order the prosecution to front load the letter to defense in the interest of Justice.

He said: “On the letter dated March 7 and April 18, 2016, they suffered no defect that will stop the Court from admitting them. The letters appeared the way it was front loaded, no page is missing; the letters are useful to the count of the charge.

“I urge the Court not to accede to the objection raised by the defense. I urge the court to abide by its earlier ruling where it ordered the prosecution to furnish the defense with additional information.

“I urge the Court to admit the letter dated March 7 and April 18, 2016, and allow us to front load the letter dated February 2, 2016, and serve the defense same.”

Responding on point of law, Ayorinde and other defense lawyers, insisted that the court should discountenance the prosecution’s submission, and mark the letters as ‘tendered and rejected’.

Upon the arguments and submissions of both parties, Justice Idris, adjourned till Friday for ruling and continuation of defendants’ trial.

Prior to today’s trial, Justice Idris had dismissed the defense applications to oppose the admissibility of defendants’ statements tendered by the prosecution.

The judge, after citing plethora of authorities, said it was not in doubt that the statements were signed by the defendants, and it’s admissible.

The judge also said that the second prosecution witness could tender the documents.

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

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