A Federal High Court in Lagos, on Wednesday, held that the unavailability of records of proceedings in the trial of a former Chief of Air Staff, AVM Adesola Amosu, will not stall proceedings before his court.
The EFCC on June 26, 2016, charged Amosun alongside two other officers of the Air Force, AVM 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.
Justice Mohammed Idris, had granted them bail in the sum of N500 million each, with two sureties each in like sum after they pleaded not guilty to the charges.
At the last adjourned date, defence counsel had requested for records of the court’s proceedings, to enable it conduct it’s case.
When trial resumed on Wednesday, Wale Balogun (SAN) who announced appearances for second accused, informed the court that the case was adjourned at the last date, with the hope that records of proceedings which the defence had earlier applied for, will be made available.
He told the court that the defence was been informed that the said records are still not ready, as finishing touches were being put, to ensure it is error free.
He said that since the case had also been slated for May 14 and 15, those dates should still be maintained.
Other defence counsel agreed with his submissions.
In response, the prosecutor, Rotimi Oyedepo, said that he would not oppose the application for adjournment, but will grudgingly agree.
In his reaction, Justice Idris pointed out as follows:
“I did not say that trial will not go on if the records of proceedings are not produced; that is not the intent of the Administration of Criminal Justice Act, which directs day-to-day trial.
“I only said the defendants were entitled to same; the provisions of sections 364 of the ACJA are clear.”
The court said that the records of proceedings will be made available, but added that it should not be a ground to stall trial.
Moreso, the court urged counsel to ensure that their juniors who appears with them in court, take down proceedings copiously, adding that same was part of their legal training.
Idris said: “As a junior then, in the chambers of Chief Rotimi Williams, it was my duty to take down records of proceedings, and I did that for 10 years; that is how we were trained and I think we should train our juniors in that light.
“In the interest of justice, I will adjourn this case for continuation of trial until May 14 by 1pm, and May 15 by 10am.”
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 the accused doled out over N323 million from the accounts of the Nigerian Air Force between March 21, 2014 and March 12, 2015.
It said the alleged theft was for the purpose of purchasing for themselves a property situated in Abuja.
The alleged offences contravenes the provisions of Sections 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.
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