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N4 Billion Scam: Court Strikes Out Badeh’s Bail Application

Chief of Defence Staff in Nigeria, Air Marshall Alex Badeh

– To Remain With EFCC

By Ganiyu Nasirudeen

A Federal High Court in Abuja has dismissed the bail application filed before it by the immediate past Chief of Defence Staff (CDS), Air Marshal Alex Badeh (retd).

The former security chief in his application faulted his detention by the Economic and Financial Crimes Commission (EFCC) praying the remand order made against him by a Lagos Magistrate court was wrongly obtained by the EFCC.

He argued that the conditions of administrative bail granted him by EFCC was impossible to meet.

While ruling on his application Friday, Justice James Tsoho, upheld the opposition of the EFCC’s application, specifying that Badeh’s detention was backed by a subsisting court order.

The anti-graft body has filed a 10 count money laundering charge against the former CDS, alleging that he and a private firm, Iyalikam Nigeria Limited fraudulently removed the sum of N3.97 Billion from the Nigerian Air Force account between January and December, 2013, when he (Badeh) was still the Chief of Air Staff.

On its bail, the EFCC explained that it was on the process of perfecting Badeh’s administrative bail, when it was discovered that ex-CDS was allegedly said to be involved in the Nigerian Maritime Administration and Safety Agency (NIMASA) fraud, hence the remand order till March 23, 2016.

Justice Tsoho held that the court could not determine whether a remand order was validly obtained or not, by the EFCC, base on a mere bail application filed by him (Badeh).

The judge maintained that since the accused did not apply for a judicial review of the court’s decision, the legality or otherwise of the same order could not be determined.

He restated that the principle of law was that an order of a court remained subsisting, until it is set aside by the same court or another, with due process.

The former CDS is to appear before a Federal High Court in Abuja Monday, March 7 over the 10 count charge of fraud and money laundering preferred against by the EFCC.

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