March 11, 2016
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- Law News, Nigeria News
The Economic and Financial Crimes Commission told a Federal High Court in Abuja on Thursday that a former Chief of Defence Staff, Air Chief Marshall Alex Badeh (retd.), helped his wife and two children to escape being prosecuted for alleged diversion of about N3.97bn belonging to the Nigerian Air Force.
The anti-graft agency alleged that Badeh, while in office as the Chief of Air Staff, removed the money from the account of the Nigerian Air Force between January and December 2013 and used the money to acquire properties for himself and his son, Alex Badeh (Jnr.), in Abuja.
An EFCC detective, Yusuf Kassim, who deposed to a counter-affidavit opposing Badeh’s bail application, claimed that the wife, daughter and son of the former CDS were all involved in the alleged fraud, claiming that Badeh helped them to escape prosecution
Kassim claimed that Alex Badeh (Jnr.) was arrested but after he was allowed to go home, he escaped with the help of his father.
He stated, “That in the course of our investigation Alex Badeh (Jnr.), the son of the applicant, made his statement with the commission and was allowed to go home while he was asked to report back later, but he absconded from jurisdiction with the connivance of the applicant herein (Badeh) and he is now at large.”
The anti-graft agency also said its operatives found $1m cash in the bedroom of an Abuja mansion belonging to the former CDS.
It alleged that Badeh purchased the house in which the money was found with dollar equivalent of N1.1bn, which was said to have been part of the N3.97bn fraudulently removed from the accounts of the Nigerian Air Force.
It said although, Badeh had denied ownership of the property, his belongings, including his photographs, were found in it during a search by the operatives of the commission.
It said the $1m would be tendered as exhibit in the course of the ex-CDS’ trial.
The anti-graft agency made these submissions while opposing the bail application file by Badeh on Thursday.
Justice Okon Abang had on March 7 ordered that Badeh should be remanded in prison shortly after the EFCC arraigned him and a company, Iyalikam Nigeria Limited, on 10 counts of money laundering.
The judge had on March 7 fixed Thursday for hearing of the bail application.
Prison authorities did not produce Badeh in court on Thursday, but the judge later ruled that his presence could be dispensed with under section 266(b) of the Administration of Criminal Justice Act, since the proceedings were for the hearing of an interlocutory application.
But despite opposition to the application by the prosecuting counsel, Mr. Rotimi Jacobs (SAN), Justice Abang granted the ex-military chief bail on Thursday.
The judge granted Badeh bail in the sum of N2bn.
The bail is to be guaranteed by two sureties in the sum of N1bn each.
He said though the court could not ignore the “overwhelming evidence” which the EFCC had alluded to while opposing the bail application, “the principle of presumption of innocence operates in favour of the accused person.”
“The proof of evidence cannot stand in the face of the right to presumption of innocence under section 36(5) of the Constitution,” the judge ruled.
Among other bail conditions imposed on Badeh on Thursday, the judge ordered that he should deposit both his blue and green passports with the court throughout the period of his trial.
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