Arms deal: Court turns down Badeh's request for bail

Justice John Tsoho of a Federal High Court in Abuja, on Friday, declined to grant the bail application filed by the immediate past Chief of Defence Staff (CDS), Alex Badeh.

Justice Tsoho, while ruling on the application, said because there is an existing remand order by a Magistrate Court in Lagos, the court cannot give an order for Badeh's release.

He said in Badeh did not ask the court to set aside the order of the Magistrate Court which the  Economic and Financial Crimes Commission (EFCC), prosecuting the matter got in the application.

Badeh’s counsel, Samuel Zibiri, had earlier argued that the application was filed, pursuant to sections 35 (4) and 36 (5) of the 1999 constitution, saying that his client sought the order of the court to admit him to bail on self-recognizance or on liberal terms pending his arraignment by the anti-graft agency.

Zibiri said the application was based on the grounds that the former military chief had voluntarily honoured EFCC’S invitation and was held in detention since February 8, 2016.

“The applicant was originally invited and interrogated in the Abuja office of the commission but was later moved to Lagos for further interrogation,” Zibiri told the court.

EFCC’S counsel, Cosmos Ugwu said  Badeh's detention in a Lagos EFCC facility is not related to the matter for which he was earlier invitated by the commission.

Badeh filed a suit against the EFCC for the enforcement of his fundamental right and prolonged detention by the EFCC.

The former defence chief is currently in detention over his alleged involvement in the $2.1 billion arms purchase scandal.
 
Badeh denied all the EFCC allegations against him, saying that  he is being persecuted unjustly.

However, Badeh is set to face a 10-count charge of criminal breach of trust and corruption to the tune of N3.9 billion.

He will be arraigned before Justice Okon Abang of the Federal High Court on Monday, March 7, 2016.

EFCC alleged that Badeh and his company, Iyalikam Nig Ltd, while serving as CDS between January and December 2013 did use Dollar equipment of the sum of N1.1 billion,  removed from the accounts of the Nigerian Air Force to purchase for themselves a mansion at Maitama, Abuja.
 
The offence, the EFCC said is contrary to Section 15 (2) (d) of money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

Badeh and his company were also accused of removing from the accounts of the NAF, and did use Dollar equivalent of N650 million to purchase a commercial plot at plot 1386, Oda crescent Cadastral zone Ao7 Wuse ll Abuja. 

The defendants were said to have, between March 28 and December 2013, in Abuja did use an aggregate sum of N878,362,732.94 removed from NAF accounts and paid into account of Rytebuilders Technologies Ltd with Zenith bank plc for construction of a shopping mall in plot 1386, Cadastral zone.

It was equally alleged that the defendants removed the sum of N304 million from the accounts of the NAF and paid it to Rytebuilders for the completion of the shopping mall.

More so, the EFCC stated that the accused did use N260 million Dollar equivalent removed from the NAF accounts and paid to one Oluwatoyin Oke through Platinum Universal Project and Construction to purchase for his son, Alex Badeh (jnr), a duplex at No 19 Kumasi crescent Wuse Abuja.