The Federal High Court in Lagos Wednesday refused an objection by the Economic and Financial Crimes Commission (EFCC) to an application by a former Chief of Air Staff, Air Marshal Adesola Amosu (rtd) to access the records of proceedings in his trial.
Prosecuting Counsel Rotimi Oyedepo had opposed an application by Amosu’s lawyer Chief Bolaji Ayorinde (SAN) for the record of proceedings.
The SAN said the defence needed to compare their notes with the court’s records for a proper cross-examination of a prosecution witness Tosin Owobo, an investigator described as a star witness.
He said: “On March 29 we wrote the court applying for the Certified True Copy (CTC) of the proceedings as recorded by the court. I will be applying that the court should direct the registrar to provide us with the CTC of the proceedings. We want to study it for us to properly cross-examine the witness”.
But, Oyedepo faulted the request, saying the defendants had enough time and facilities to prepare for their defence.
“The defendants were served with the proof of evidence on June 23, 2016. During proceedings, the defence was taking notes painstakingly and as such it cannot be said that records of proceedings were not available to them.
“It would have been a different thing if the defence lawyers have not participated in the proceedings. The application is not in the interest of justice and I urged the court to refuse it,” he said.
Justice Mohammed Idris overruled Oyedepo and held that that record of proceedings should be made available to the defence.
Amosu, former Nigeria Air Force (NAF) Chief of Accounts and Budgeting, Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo were arraigned before Justice Idris.
EFCC accused them of diverting about N21billion NAF funds, but they pleaded not guilty.
An initial plea bargain talks with EFCC broke down after they reportedly refunded some money to the Federal Government.
Justice Idris adjourned until May 2.
