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The Court of Appeal, Lagos Division, on Monday upheld the acquittal of former Chief of Air Staff, Air Marshal Adesola Amosu, along with two other senior Nigerian Air Force officers, in a N22.8bn fraud case brought by the Economic and Financial Crimes Commission.

A three-member panel, led by Justice Yargata Nimpar, delivered a unanimous judgment via Zoom, holding that the EFCC’s failure to comply with statutory conditions precedent deprived the trial court of jurisdiction, effectively undermining the prosecution’s case.

Justice Paul Bassi, who read the lead judgment, noted that the issue had been settled in binding judicial authorities, leaving no reason for the appellate court to depart from established law.

Earlier, at the Federal High Court in Lagos, Justice Chukwujekwu Aneke had upheld preliminary objections filed by the defendants, striking out the charges on the grounds that the court lacked jurisdiction.

The judge ruled that Amosu, Air Vice Marshal Jacob Adigun, and Air Commodore Gbadebo Olugbenga were serving military officers when the alleged offences occurred, and prosecuting them without following the procedures outlined in the Armed Forces Act was unlawful.

The defendants were initially arraigned on June 29, 2016, alongside seven companies, facing charges including conspiracy, stealing, money laundering, concealment of proceeds of crime, and conversion of funds allegedly belonging to the Nigerian Air Force, dating back to March 5, 2014.

Justice Bassi explained that the appeal arose from the Federal High Court ruling of February 6, 2024, which had dismissed the case entirely.

On the issue of preliminary objections, the appellate court clarified that while objections to the validity of a charge are generally considered alongside substantive issues, objections concerning jurisdiction, abuse of process, or failure to meet statutory conditions can be determined at the preliminary stage.

The court agreed with the defendants that their applications challenged the court’s jurisdiction, not merely the validity of the charges. It held that while defects in a charge may sometimes be curable, failure to satisfy statutory conditions precedent to the court’s assumption of jurisdiction is fatal.

The appellate court relied on evidence showing that investigations commenced while the respondents were still serving officers, including a January 30, 2015 letter issued during investigations of DG Oil and Gas Limited.

Sections 121 and 123 of the Armed Forces Act, which prescribe mandatory procedures for handling allegations against serving officers, including reporting to commanding officers, were not followed by the EFCC.

Consequently, the Court of Appeal dismissed the EFCC’s appeal in its entirety, affirming the Federal High Court judgment and effectively ending the case against the three former Air Force officers.

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A new biography of late former President Muhammadu Buhari has lifted the lid on intense power struggles within the Presidential Villa, revealing how influential aides allegedly issued fake presidential orders to top security chiefs in a failed bid to impose former Senate President Ahmad Lawan as the All Progressives Congress (APC) presidential candidate ahead of the 2023 primaries.

The book also discloses that former First Lady Aisha Buhari played a key role in the eventual removal of the then Director-General of the Department of State Services (DSS), Lawal Daura, while detailing a family dispute that culminated in gunfire within the Presidential Villa.

The revelations are contained in “From Soldier to Statesman: The Legacy of Muhammadu Buhari,” authored by Dr Charles Omole, and presented on Monday at the State House Conference Centre, Abuja.

The high-profile launch was attended by President Bola Ahmed Tinubu, Gambian President Adama Barrow, First Lady Senator Oluremi Tinubu, wife of the Vice President Nana Shettima, governors, traditional rulers, members of the diplomatic corps, former First Lady Aisha Buhari, Buhari family members, former aides and senior security officials.

According to the book, influential individuals close to Buhari approached the Inspector-General of Police (IGP), the DG of the DSS, and the DG of the National Intelligence Agency (NIA) on the eve of the APC presidential primaries in Abuja, claiming to be acting on Buhari’s instruction to deploy security forces to ensure Ahmad Lawan emerged as the party’s “consensus” candidate.

Former IGP Alkali Baba, quoted in the book, said he rejected the directive outright and persuaded his counterparts that the matter required immediate clarification from the President himself.

“The trio decided to seek an urgent audience with the President,” the book recounts. “When they asked if there was any additional instruction regarding the convention, the President said there was none.”

Buhari, according to the account, laughed when told that celebrations were already underway in Lawan’s neighbourhood over claims of presidential endorsement.

“He made it clear: he had not anointed anyone. Nigerians should choose, and the security agencies must not interfere,” the book states.

The IGP subsequently returned to inform those behind the move that Buhari had no preferred candidate and that the security services would not be used to manipulate the primaries.

The episode, the author notes, illustrated Buhari’s consistent resistance to turning state security institutions into political tools, even when such restraint proved uncomfortable for his party.

On the controversial removal of DSS boss Lawal Daura in 2018 by then Acting President Yemi Osinbajo, the book reveals that Buhari deliberately refused to overturn the decision, despite intense pressure.

“Buhari had handed executive authority to his vice president. To reverse the action would have undermined institutional order,” the book quotes an aide as saying.

It further states that Aisha Buhari was a major instigator of Daura’s removal, a detail not widely documented at the time.

The book also recounts a disturbing incident in which gunshots were fired inside the Presidential Villa following a family dispute involving a policeman attached to the First Lady’s office.

Buhari’s Chief Security Officer, Idris Abubakar, promptly arrested and detained the officer. When investigations revealed deeper involvement by members of the First Family, Buhari ordered consequences without hesitation.

“A nephew was told, in essence, to pack his things and leave this house,” the book records, adding that Buhari made it clear that blood ties would not shield misconduct.

Dr Omole writes that these episodes collectively portray a leader often misrepresented as passive, but who, in reality, exercised restraint rooted in principle rather than weakness.

“Again and again, people close to Buhari exploited proximity and misrepresented him, sometimes with grave consequences, but often without his knowledge,” the book states.

By documenting these moments, the book, From Soldier to Statesman, specifically seeks to separate Buhari the man from the myths around his presidency, offering what the author describes as a factual, insider account of power, loyalty, restraint and betrayal at the highest levels of the Nigerian state.

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The Nigerian Air Force (NAF) has executed a successful air interdiction operation against a major terrorist logistics hub at Dabar Masara in the Southern Tumbuns, Borno.

This is contained in a statement by the Director of Public Relations and Information, NAF, it Commodore Ehimen Ejodame, on Monday in Abuja.

Ejodame said the operation conducted on Sunday by the Air Component of Operation HADIN KAI, followed credible intelligence on the presence of a terrorist workshop and sustained movement of armed elements in the area.

He said the mission was intelligence-driven and preceded by coordinated Intelligence, Surveillance and Reconnaissance (ISR) operations.

According to him, prior ISR missions revealed repeated terrorist activities and a concentration of vehicles concealed under vegetation, confirming the location as an active terrorist logistics hub.

“Further surveillance on the day of the operation validated the earlier findings, with terrorists observed manoeuvring within the location and around the identified vehicles.

“Following positive identification and in strict adherence to the Rules of Engagement, the targets were engaged,” he said.

Ejodame added that post-operation Battle Damage Assessment confirmed the destruction of the identified vehicles and the neutralisation of terrorist elements.

He said the successful mission underscored the NAF’s commitment to precise, intelligence-led air operations aimed at degrading terrorist networks and enhancing security across affected regions.