Appeal court overturns judgment acquitting Umar, retired air chief, of fraud

The court of appeal sitting in Abuja has set aside the judgment of a federal high court which acquitted Mohammed Dikko Umar, retired chief of air staff, of fraud allegations.

The Economic and Financial Crimes Commission (EFCC) arraigned Umar in May 2016, alleging that he was involved in money laundering and procurement fraud to the tune of about N9.7 billion, while he was in office between 2010 and 2012.

In February 2021, Nnamdi Dimgba, the judge, quashed six out of the seven-count charge after the defendant filed a no-case submission.

The defendant was, however, ordered to open his defence on the seventh count.

In the said count, the anti-graft agency alleged that the former air chief diverted public funds to the tune of about N66 million.

Delivering judgment in respect to the last count on March 17, the judge held that though the EFCC had alleged N66 million in the charge, the available evidence showed that what was actually transferred out of the account was N57 million.

He also held that the EFCC failed to establish that it was Dikko that gave the directive for the fund to be withdrawn for the renovation of the property.

However, Dimgba said though the evidence of the EFCC is not strong enough to convict the retired air chief, he should not be allowed to benefit from the funds belonging NAF.

He ordered the retired chief of air staff, to refund N57 million to the federal government within seven days.

Dissatisfied with Umar’s acquittal, the EFCC, through its counsel, Sylvanus Tahir, appealed the judgment, asking the appellate court to set it aside.

In a statement on Thursday, Wilson Uwujaren, EFCC spokesperson, said the appellate court overturned the verdict of the trial court.

“In a unanimous judgment, a [three-member] panel of justices led by Justice Elfrieda Oluwayemisi Williams-Dawodu upturned the judgment of the lower court and ordered that the defendant to continue with his defence on counts 1,2,3,5 and 6,” EFCC said.