
The Federal High Court sitting Abuja yesterday ordered a former Chief of Air Staff, Air Marshal Mohammed Umar (retd), to refund the sum of N57 million to the Federal Government within 10 days. This was just as the court discharged and acquitted the defendant of the charge of diverting N66 million from the account of the Nigerian Air Force, (NAF).
The trial Judge, Justice Nnamdi Dimgba discharged the defendant of the charge on the ground that he found no evidence linking Umar to instructing the transfer of the said funds for the renovation of his private property in Abuja. The court held that it was not convinced that the prosecution discharged the burden placed on them to the requisite standard on count seven which Umar was called upon to defend having earlier been acquitted of other counts. The judge held: “Reasonable doubts do exist in the prosecution’s case as made out in the body of this judgment.
“As the law commands, I am bound to resolve the doubts in favour of the defence and I so resolve them. “In the final analysis, I find the defendant innocent on the sole count, and consequently discharge and acquit him.” Justice Dimgba also held that it would be dangerous to speculate on a wild assumption that the defendant ought to be aware of every financial transaction from NAF’s account. He held that: “It would be dangerous speculation to make a wild and wide assumption that the defendant as the Chief of Air Staff ought to know of every single bank dealings involving NAF simply because he was the Chief Accounting Officer. “Criminal trials of this nature involving the possibility that an accused person could lose his liberty is to be fought on the strictest tests.’’
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