In the instant case, the prosecution failed to prove that
the alleged gifts in Count 1, 2, 3 and 4 respectively were
all gratification or corrupt gifts.
It is the submission that the prosecution failed or omitted
to prove whether any contract existed between the Air
Force and Societe D’ Equipment Internationaux with
which the Defendant was charged with its execution. The
failure of
the
prosecution
to
establish
this
critical
ingredient of the 4-count renders the charge unproved.
Court is referred to the testimony of PW1 under crossexamination to the effect that the purported contract
was invalid because there was no pricing, it was not
contained in NAF Budget and there was no acceptance
of the contract.
See BPS CONSTR. & ENGR CO. LTD v
FCDA (2017) 10 NWLR Pt 1578 Pg 1 at 25 Paras C – F; Pg 48
– 49 Para H, Paras A – B.
Most crucial is that the prosecution did not prove that the
Defendant
was
charged
with
the
responsibility
to
supervise/oversee the execution of NAF procurement
through the Office of the NSA for certain military supplies
by Societe D’ Equipments Internationaux Nigeria Limited
as alleged in the charge; neither did the prosecution
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