A Federal High Court in Lagos thursday refused an application
urging it to conduct a visit to the scene of alleged crime, in the
trial of a former Chief of Air Staff, Adesola Amosu over N22.8
billion fraud.
Amosun is charged alongside two other officers of the Air Force
– Air Vice Marshal Jacob Adigun and Air Commodore Gbadebo
Olugbenga
Also charged are some companies, namely: Delfina Oil and Gas
Ltd, Mcallan Oil and Gas Ltd, Hebron Housing and Properties Company
Ltd, Trapezites BDC, and Fonds and Pricey Ltd.
The accused are being prosecuted by the Economic and Financial
Crimes Commission (EFCC).
They were arraigned before Justice Mohammed Idris on June 26,
2016, and had pleaded not guilty to the charges.
Idris had granted them bail in the sum of N500 million each, with
two sureties each in like sum.
At the last adjourned date (yesterday) EFCC’s lawyer, Mr Rotimi
Oyedepo, had made an oral application urging the court to visit the
“locus in quo” for the purpose of admitting in evidence, various
immovable properties allegedly acquired by the accused.
“A locus in quo” is a legal term used to describe a visit to the
scene of an alleged crime or where an immovable property of an
alleged crime reside.
In opposition, defence counsel, Chief Bolaji Ayorinde (SAN), had
argued that a court’s visit to a “locus” is not at large.
According to him, any visit must be specific, direct and linked to
evidence already given in the course of proceedings.
He had urged the court to refuse the application.
Delivering his ruling on the application thursday, Justice Idris
held that such visit at this stage of the proceedings was
premature.
“I find that the circumstances surrounding the application for a
locus in quo is immaterial at this stage of the proceedings; a
visit to the locus at this stage is premature.
“I hereby refuse the application to conduct such visit at this
stage,” he held.
After the ruling, the prosecutor had commenced examination of its
witness, and had tendered some document in evidence.
Defence counsel had began a perusal of some of the document but
shortly along the line, the prosecutor urged the court to order
parties to compare document so as to allow for a free flow of
proceedings without hiccups.
The court has adjourned until October 3 and 4 for continuation of
trial.
The charges against the accused borders on conspiracy, stealing
and money laundering.
In one of the counts, the accused were said to have indirectly
converted the sum of N3.6 billion belonging to the Nigerian Air
force, to their own use.
In another instance, the EFCC alleged that Amosu and the others
stole over N323 million from the accounts of the Nigerian Air Force
between March 21, 2014 and March 12, 2015.
He said the alleged theft was for the purpose of purchasing for
themselves a property situated at No.1, River Street, Wuse II
Abuja.
The alleged offences were said to have contravened the provisions
of Sections 18(a) of the Money Laundering (Prohibition) (Amendment)
Act, 2012.
A Federal High Court in Lagos thursday refused an application
urging it to conduct a visit to the scene of alleged crime, in the
trial of a former Chief of Air Staff, Adesola Amosu over N22.8
billion fraud.
Amosun is charged alongside two other officers of the Air Force
– Air Vice Marshal Jacob Adigun and Air Commodore Gbadebo
Olugbenga
Also charged are some companies, namely: Delfina Oil and Gas
Ltd, Mcallan Oil and Gas Ltd, Hebron Housing and Properties Company
Ltd, Trapezites BDC, and Fonds and Pricey Ltd.
The accused are being prosecuted by the Economic and Financial
Crimes Commission (EFCC).
They were arraigned before Justice Mohammed Idris on June 26,
2016, and had pleaded not guilty to the charges.
Idris had granted them bail in the sum of N500 million each, with
two sureties each in like sum.
At the last adjourned date (yesterday) EFCC’s lawyer, Mr Rotimi
Oyedepo, had made an oral application urging the court to visit the
“locus in quo” for the purpose of admitting in evidence, various
immovable properties allegedly acquired by the accused.
“A locus in quo” is a legal term used to describe a visit to the
scene of an alleged crime or where an immovable property of an
alleged crime reside.
In opposition, defence counsel, Chief Bolaji Ayorinde (SAN), had
argued that a court’s visit to a “locus” is not at large.
According to him, any visit must be specific, direct and linked to
evidence already given in the course of proceedings.
He had urged the court to refuse the application.
Delivering his ruling on the application thursday, Justice Idris
held that such visit at this stage of the proceedings was
premature.
“I find that the circumstances surrounding the application for a
locus in quo is immaterial at this stage of the proceedings; a
visit to the locus at this stage is premature.
“I hereby refuse the application to conduct such visit at this
stage,” he held.
After the ruling, the prosecutor had commenced examination of its
witness, and had tendered some document in evidence.
Defence counsel had began a perusal of some of the document but
shortly along the line, the prosecutor urged the court to order
parties to compare document so as to allow for a free flow of
proceedings without hiccups.
The court has adjourned until October 3 and 4 for continuation of
trial.
The charges against the accused borders on conspiracy, stealing
and money laundering.
In one of the counts, the accused were said to have indirectly
converted the sum of N3.6 billion belonging to the Nigerian Air
force, to their own use.
In another instance, the EFCC alleged that Amosu and the others
stole over N323 million from the accounts of the Nigerian Air Force
between March 21, 2014 and March 12, 2015.
He said the alleged theft was for the purpose of purchasing for
themselves a property situated at No.1, River Street, Wuse II
Abuja.
The alleged offences were said to have contravened the provisions
of Sections 18(a) of the Money Laundering (Prohibition) (Amendment)
Act, 2012.
Read more https://nairalaw.com/alleged-n22-8bn-fraud-court-declares-visit-to-amosus-scene-of-crime-premature/