An FCT High Court, Apo on Tuesday discharged and acquitted AVM Tade Oguntoyinbo of N166 million bribe charge.
The Economic and Financial Crimes Commission (EFCC) had dragged Oguntoyinbo to court with one count charge of bribery to the tune of N166 million.
The anti-graft agency alleged that Oguntoyinbo, while in office as the Chief of Training and Operations of the Nigerian Air Force collected the sum of N166 million as gratification from a contractor with the Nigerian Air Force, Societe D’ Equipments Internationaux Nigeria Limited.
Delivering judgment, Justice Olukayode Adeniyi also ordered the EFCC to refund the N166 million seized from the defendant during the investigation.
Adeniyi held that the prosecution failed to establish that the defendant corruptly received the money in the discharge of his official duty.
He also held that the prosecution failed to call the Managing Director of Siociete D’Equipment Internationaux, Hima Aboubakar, as a witness which was vital to the case.
“I hereby discharge and acquit the defendant because the prosecution has failed to prove beyond reasonable doubt the fraud charge levelled against the defendant,” Adenoid said.
The EFCC counsel, Mr Francis Jirbo, alleged that the offence contravened the provisions of Section 17(1)(a) of the Corrupt Practices and other Related Offences Act, 2000.
Oguntoyinbo however denied the allegation and said that the money was a gift from Hima Aboubakar, a representative of Societe D’ Equipments Internationaux Nigeria Limited. (NAN)