Former Chief of Air Staff, Mohammed Umar.
The Federal High Court, Abuja, has discharged and acquitted a former Chief of Air Staff, retired Air Marshal Mohammed Umar of diverting N66 million from the account of the Nigerian Air Force, (NAF).
The court, however, ordered Umar to refund N57 million to the Federal Government or else his residence at Asokoro extension in Abuja would stand forfeited to the government.
Delivering judgment, Justice Nnamdi Dimgba, acquitted Umar on the grounds 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 judge said he 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.
Justice Dimgba also said 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.
The judge, however, held that in as much as the evidence provided by the prosecution was not strong enough to warrant the conviction of the defendant as charged, it would be against good conscience for the court to shut its eyes to the fact that Umar benefitted from funds belonging to NAF.
He opined that allowing the defendant to retain the benefit would be a clear case of unjust enrichment under the law of restitution.
“Any civilized system of law is bound to provide remedies in situations of this nature, so that a man is prevented from retaining funds, or some benefit derived from those funds, of another, which it is against conscience that he should keep.
“This is even if the man did not act criminally or with a mind to defraud.
“The Court must be vigilant and quick to deny everyone, whether innocent of crime or guilty of same, of opportunity for unjust enrichment, or of reaping of any unjust benefit,’’ the judge said.
He therefore ruled that the former air chief would not be allowed to reap the benefits of the said N57 million.
He said that Umar should refund the money to NAF irrespective of the order of court acquitting and discharging him of the sole surviving count of the charge.
“The defendant shall refund to NAF the total sum of N57 million being the amount actually transferred into the Stanbic IBTC Account No. 9202077424 belonging to Capital Law Office and used for the renovation/improvement of his property.
“The defendant shall file a report of compliance with the above order with the Registry of the Court and serve a copy of same on the Economic and Financial Crimes Commission within 10 working days from the day the judgment was delivered.’’
He ruled that if the defendant failed to comply with the orders, his property at No. 1853 Deng Xiao Ping Street, Off Mahathir Mohammed Street, Asokoro extension Abuja would stand permanently forfeited to the Federal Government.
He is to refund the money within seven working days while he is to file the report of compliance within 10 working days.
