A Federal High Court in Abuja presided over by Justice Okon Abang has granted N2 billion bail to former Chief of Defence Staff, Air Marshal Alex Badeh (rtd).
Badeh is on trial by Economic and Financial Crimes Commission (EFCC) for diverting about N3.9 billion from Nigerian Air Force accounts in 2013.
Justice Abang, in his ruling this afternoon cited Section 36(5) of the Constitution which presumes an accused person innocent till proved guilty and granted Badeh the N2bn bail with two sureties who must deposit N1bn each.
The court ordered that the sureties must not only be resident in Abuja, but must own landed property in the Federal Capital Territory with a valid Certificate of Occupancy.
He stressed that the Chief Registrar of the court must authenticate the ownership and value of the properties.
Justice Abang directed that upon being put on notice by the defendant, the EFCC should within 24 hours, independently ascertain the residence of the sureties, as well as their ownership and value of the landed properties.
Besides, the sureties are to provide their three years’ tax clearance certificate, deposit the original title documents of the properties and also depose to an affidavit of means.
The sureties must also submit their two recent passport photographs, as well as produce convincing evidence that they have the means to pay the total sum in the charge, should the defendant jump bail.
Moreover, Justice Abang ordered Badeh to surrender his international passport to the Chief Registrar of the court.
…Badeh hid $1m cash in his bedroom – EFCC tells Court
The Economic and Financial Crimes Commission (EFCC) on Thursday, urged the Federal High Court in Abuja to deny bail to the former Chief of Defence Staff, Air Marshal Alex Badeh (rtd), who it said looted over N3.9 billion from Nigerian Air Force accounts.
Adducing reasons why the former military chief should remain in detention, the prosecution lawyer Rotimi Jacobs (SAN), told the court that EFCC operatives found $1 million cash in Badeh’s bedroom.
Jacobs insisted that the $1million was part of the funds the defendant fraudulently diverted from the coffers of the Nigerian Air Force in 2013.
He said the defendant purchased for $1.1 billion the building where the money was found.
Jacobs told the court that though the detained ex-CDS vehemently denied ownership of the property where the money was found, the operatives that conducted the search saw his personal belongings, including his photographs in the house.
Meantime, Badeh who is answering a 10-count criminal charge preferred against him by EFCC, through his lawyer, Mr. Samuel Zibiri (SAN), was not in court when his bail application was heard.
Though no reason was adduced on why the prison authorities failed to produce him in court, Justice Abang relied on the provisions of Section 266 of the ACJA, 2015, and held that the presence of the defendant could be dispensed with since the proceeding was for determination of an interlocutory application.