The Court of Appeal, Lagos Division, has dismissed an appeal filed by the Economic and Financial Crimes Commission (EFCC) challenging the judgement of a Federal High Court, Lagos, which struck out a N22.8 billion fraud charge against a former Chief of Air Staff, Air Marshal Adesola Amosu, and two other senior Air Force officers.

In a unanimous decision, the appellate court, on Monday, held that the EFCC’s failure to comply with mandatory conditions precedent deprived the trial court of jurisdiction, thereby undermining the prosecution’s case.

The judgement, delivered virtually via Zoom, was handed down by a three-man panel presided over by Justice Yargata Nimpar. Justice Paul Ahmed Bassi who read the lead judgement, noted that the issue had already been settled by binding judicial authorities, from which it found no reason to depart.

At the lower court, Justice Chukwujekwu Aneke had upheld separate preliminary objections filed by the defendants and struck out the charge, holding that the court lacked jurisdiction to try them.

He ruled that Amosu and his co-defendants— Air Vice Marshal Jacob Bola Adigun and Air Commodore Gbadebo Owodunni Olugbenga, were serving military officers at the time the alleged offences were committed and, as such, could not be prosecuted without compliance with the Armed Forces Act.

Dissatisfied with the ruling, the EFCC appealed, urging the Court of Appeal to set aside the judgement of the Federal High Court.

However, in the lead judgement delivered by Justice Bassi, the appellate court noted that the appeal arose from the ruling of the Federal High Court delivered on February 6, 2024, which dismissed Charge No. FHC/L/2280C/2016 in its entirety.