By Ikechukwu Nnochiri

ABUJA—-The Federal High Court sitting in Abuj‎a has refused an application by the former Chief of Defence Staff, Air Marshal Alex Badeh (retd),‎ seeking to stop further hearing on the 10-count criminal charge the Economic and Financial Crimes Commission, EFCC, preferred against him. At the resumed sitting on the matter on Wednesday, Badeh, through his lawyer, Mr. Samuel Zibiri, SAN, challenged the jurisdiction of the court to try him on the basis of the charge which he said was grossly defective.

In his application dated March 15, Badeh argued that the charge did not disclose any offence known to money laundering Act, insisting that the charge lacked legal validity. Relying on section 220 of the Administration of the Criminal Justice Act, 2015, ‎the former military chief urged the court to hear and determine the application first before delving into full-blown hearing of the substantive charge against him.

“Where the court is informed of the pendency of an application challenging its jurisdiction, the court is enjoined by plethora of legal authorities to ‎settle the issue of jurisdiction first”, Badeh’s lawyer argued. ‎However, EFCC lawyer, Mr. Rotimi Jacobs, SAN, urged the court to disregard the application, saying it was a deliberate ploy by the defendant to stall the commencement of his trial.

Jacobs argued that sections 221 ‎and 396(2) of the ACJA, 2015, provided that any objection challenging jurisdiction of the court or validity of a criminal charge must be considered alongside the substantive case. He contended that it was late in the day for Badeh to raise the objection since his trial has already commenced. In his ruling, Justice Abang, said there are laid down procedures for the prosecution of criminal ‎cases under the ACJA.

“Having regards to section 396(2) of the ACJA, the application can only be considered alongside the substantive issue and ruling delivered along with judgment on the matter. “Section 221 of ACJA said objection shall not be entertained during proceeding or trial on the ground that a charge is defective. The court can only entertain and make findings on the application at the end of the proceeding and ruling delivered when the matter is decided.

“Right of the defendant to be heard has been preserved ‎till the end of the proceeding. It would have been a different matter if this is a civil matter or if it was raised before the enactment of the ACJA. As at today, the law has changed.

“The application is hereby refused. The prosecution is hereby directed to call its first witness for the trial to commence now”, the Judge held. He however gave the prosecution seven days to respond to Badeh’s objection to the trial. The former CDS is facing trial over allegation that he fraudulently diverted about N3.9billion from account of the ‎Nigerian Air Force within 2013.

The court earlier granted him bail to the tune o N2billion. ‎

He was in the charge marked FHC/ABJ/CR/46/2016, alleged to have used the looted funds to purchase choice properties within the highbrow areas in Abuja. EFCC equally cited a firm, Iyalikam Nigerian Limited, as the 2nd defendant in the charge bordering on money laundering, corruption and criminal breach of trust. The charge dated February 26, was signed by the Deputy Director of Legal & Prosecution Department at the EFCC, Mr. Aliyu M. Yusuf.

According to the anti-graft agency, Badeh had between January and December, 2013, used dollar equivalent of the sum of N650m, to purchase a commercial plot of land situate at plot 1386, Oda Crescent, Cadastral Zone, A07, Wuse II, Abuja. Badeh was said to have between March 28 and December 5, 2013, paid the sum of N878, 362, 732, 94‎ (Eight Hundred and Seventy-Eight Million, Three Hundred and Sixty Two Thousand, Seven Hundred and Thirty-Two Naira, Ninety-Four Kobo) which he removed from the account of the Nigerian Air Force, into the account of Rytebuilders Technologies Limited with Zenith Bank Plc, for the construction of a shopping mall on the plot. He was also alleged to have diverted another dollar equivalent of N304m to the firm, Rytebuilders Technologies Limited, for the completion of the shopping mall.

Whereas EFCC, in count five of the charge, alleged that Badeh used dollar equivalent of the sum of N260m which he removed from the accounts of the Nigerian Air Force and paid to one Ouwatoyin Oke through Platinum Universal Project and Construction to purchase a duplex for his son, Alex Badeh Jnr, it said the defendant further used N60m to renovate the property situate at No 19 Kumai Crescent, Wuse II, Abuja The prosecution alleged in count-seven of the charge that Badeh used N90m to furnish the said duplex he bought for his son. The commission told the court that Badeh Jnr. was on the run.

Besides, EFCC, in count-eight of the charge, alleged that the defendant used the sum of $2m, equivalent of the sum of N330m, which he removed from the coffers of the Nigerian Air Force, and paid one honourable Bature to purchase another duplex for him at No. 14 Adzope Crescent, Off Kumasi Crescent, Wuse II, Abuja, as well as gave one Rabiu Isyaku Rabiu the dollar equivalent of the sum of N240m to purchase a semi-detached duplex at No 8A Embu Street, for him.

In count nine, EFCC alleged that Badeh and his son (at large), sometime in April 2014, in Abuja, “did use dollar equivalent of the sum of N62, 000, 000.00 (Sixty Two Million Naira only) removed rom the accounts of the Nigerian Air Force and paid Kabiru Sallau/Platinum Universal Projects to renovate a private property situate at No. 2 Nelson Mandela Street, Asokoro, Abuja, when you reasonably ought to have known that the said funds formed part of the proceed of unlawful activity (to wit: criminal breach of trust and corruption) Air Chief Marshal Alex S. Badeh and you thereby committed an offence contrary to section 15(2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 15(3) of the same Act.”

http://www.vanguardngr.com/2016/03/breaking-news-alleged-%e2%80%8en3-9bn-fraud-badeh-loses-bid-to-stop-trial/

so?

The winch hunting of the Orphan continues !



Cc progressive01 , shey I told you judges will think twice before granting stay of proceedings....

All that is left is for Odili's lifetime injuction be lifted, even if he is found innocent & acquitted, it is a travesty of justice to hinder legitimate law course..

hehehe! ! Oga Buhari wetin u dey use all the money wey u collected from this looters do? Traveling abi?

Back to badeh case. Theirs nothing like stop trial in buhari's time !!

From the antics of all those awaiting trials to stall legal proceedings it can be adduced that most of them if not all are already guilty in the court of their respective conscience.
In a high moral clime they should have tender their plea of guilt and seek leniency for jail terms by returning their loots, but in our clime they will prefer to spend all the looted monies to distract, prolong and probably squash the charges against them.
But behold time has change as PMB too is determined to march them WILL for money until justice is done.

“Having regards to section 396(2) of the ACJA, the application can only be considered alongside the substantive issue and ruling delivered along with judgment on the matter. “Section 221 of ACJA said objection shall not be entertained during proceeding or trial on the ground that a charge is defective. The court can only entertain and make findings on the application at the end of the proceeding and ruling delivered when the matter is decided

.

ACJA is what I call the Silent Revolution...

A lot of criminals and their supporters are not even aware that, almost all the cases now in courts will be dispensed of within 9Months...

I don blame him
I blame democrazy

Clerverly:
.

ACJA is what I call the Silent Revolution...

A lot of criminals and their supporters are not even aware that, almost all the cases now in courts will be dispensed of within 9Months...

The criminals are aware but they were banking on the usual lengthy delay tactics but Bubu & CJN checkmated them...

As for their robotic supporters, those one have just menu in their programme...

" Get behind anything anti government even if it is anti National interest"

This sh!t just got real

modath:


The criminals are aware but they were banking on the usual lengthy delay tactics but Bubu & CJN checkmated them...

As for their robotic supporters, those one have just menu in their programme...

" Get behind anything anti government even if it is anti National interest"

Then they are not smart. If you read thru the entire acts, you would notice that, there is no room for delay at all immediately after arraignment...It specifically stated that the trial shall be "on a day to day basis".. any objection will be noted and possibly heard, but the ruling deferred until the day of Judgment on the substantive suit...

Hehehehehe. Meanwhile send him bk 2 kuje prison. If buhari no kil am dere, hunger will. I trust kuje prisoners

I can hear the omo'gboro at kuje prison mimicking Nas,they are even doing choreography prep. ,they wana sing "welcome back,welcome back,weeeelccommmmme baaaaaaaaaaaaack" to their uncle badesh.

modath:
The winch hunting of the Orphan continues !



Cc progressive01 , shey I told you judges will think twice before granting stay of proceedings....

All that is left is for Odili's lifetime injuction be lifted, even if he is found innocent & acquitted, it is a travesty of justice to hinder legitimate law course..

Lol. Well, it is a thing of joy indeed to see the judiciary show some hint of incorrutibility and steadfastness.

But it is not yet Uhuru. I will make my final lap for joy and scream eureka when one of these beasts is conclusively thrown in the slammers.

So far, it appears we are on the right track though.


Ps: one of our "dear friends" seem to have lost her head over my last thread. She's lost it completely, following me everywhere screaming in my face like a mad woman. I really feel sorry for her.

Hate indeed is a form of dementia.

straight to jail

ohh badeh. Sorry.

Their business. It doesn't change the fact that Nigeria is a _shit hole

Good. I just don't get how someone will ask for himself not to be tried, is the court not for everybody again?

Seriously?

Such is life

FrankNetter:
Their business. It doesn't change the fact that Nigeria is a _shit hole

and that makes you the p.oo

Straight to jail

This old fool should have been smart enough to plead guilty, return the loot & plead for light jail time instead of wasting government's time & resources. All the looted funds were traced to him. Dumb ass fool.

MadCow1:
Sai baba Buhari..

ah ha

They better convict someone real fast before dis whole thing becomes boring

Okay nah

BABA BADEH U THIEF ABI U NO THIEF? TALK TRUE NOW OH

Nigeria! I hail thee!!

Only here criminals challenge the jurisdiction of courts to try them...

Only here an accused challenge the judgment of the supreme court in a high court...

Only here! Only here!! Only here!!!

Our legal framework is shitty....
Why always us?

People are busy looting money for their families, their children are living luxury lives while the clueless youth are busy supporting them.