In April 1996, the Chief of Air Staff, Air Vice Marshall Femi John Femi was removed from that Office by the then Federal Military Government and was replaced by AVM Nsikak Eduok. At the time when the changes occurred, one Wing Commander P.E. Iyen was the Director of Finance and Accounting, and would now be referred to simply as (DFA). It would appear, following his assumption of office as the Chief of Air Staff, AVM N. Eduok raised the allegation that some Air Force Officers shared between themselves the sum of N10 million, and that another sum of N48 million was hastily withdrawn from OPS Harmony Account with Central Bank of Nigeria, That sum was allegedly withdrawn for the renovation of the guesthouse of the Chief of Air Staff and also the Air House.

The Chief of Air Staff therefore, set up a panel to investigate the allegation. As a result, the Respondent and eight others were jointly tried, though each accused had his own separate charges levelled against him. At his initial arraignment, the Respondent had against him a six-count charge of stealing, receiving stolen property, aiding and abetting services offence, scandalous conduct and disobedience to standing order.

In the meantime, the Respondent on the 27th April 1999 been discharged from the Air Force, see Ex. 66A to that effect. And on the 6th of August 1996, the six-count charge was amended to a 14-count charge as stated above. Though objection was raised to the new set of charges, it was overruled and the Respondent pleaded 'not guilty' to each of them. Also the objection raised to the jurisdiction of the GCM to try the Respondent was raised and overruled. The GCM, after all these preliminaries, then went to try the Respondent upon the charges as laid. The case for the prosecution is that the Respondent forged and uttered four CBN cheques Nos. 00003,00004,00005 and 00006 that amounted to the sum of N48 million and that the proceeds of the said cheques were stolen thereafter by the Respondent. It was also part of the case for the prosecution that he also stole the sum of N4.3 million in similar circumstances, and that he also received part of another N2.8million that was also stolen, and that in the process disobeyed standing orders. In support of its case, the prosecution called 14 witnesses in the course of which 70 exhibits were admitted in evidence.

On the other hand, the case for the defence is that the Chief of Air Staff, AVM Femi John Femi who keeps the cheque book, authorised the withdrawal of the N48 million from the OPS Harmony Account with the Central bank of Nigeria. That the cheques were not forged as they were co-signed by the Chief of Air Staff's nominee and he is known only to the former Chief of Air Staff, AVM Femi John Femi. It is also part of his case that the Chief of Air Staff (to be referred to from henceforth as CAS) instructed him to give the money to one Mr. Timi Alaibe at Societe Generate Bank for settlement of bills who thereafter made returns to AVM Femi John Femi.

He also claimed that as per the instructions of AVM Femi John Femi, he duly sent the returns to HQ, NAF. The Respondent also denied that he received the sum of N2.8 million allegedly stolen from Wing Commander P. Iyen and added also, that he had never engaged in any other profession or business since he was in the Nigerian Air Force. He was not also aware of the NAF Administrative Instruction 3/76.

At the conclusion of the hearing of the evidence adduced by the parties, GCM found the Respondent guilty as the GCM came to the conclusion that all the charges against the Respondent were proved beyond reasonable doubt. The GCM thereafter pronounced sentence upon the Respondent as follows: -

"Sqn Ldr Obiosa, from the N10 million you got N2.8million. You stole N48 million. On the renovation of the Air House and the CAS's Guest House, you stole N4.3 million. Sub-total, N55,100,000.00 million. Interest is N82,650,000.00 million. Your restitutions to the AIR FORCE is N137,750,000.00"