Former CDS Badeh loses bid to stop trial

The immediate past Chief of Defence Staff, CDS, Air Chief Marshall Alex Badeh, Wednesday lost a bid to stop his trial.

Badeh’s application was refused by a Federal High Court sitting in Abuj‎a in the 10-count criminal charge the Economic and Financial Crimes Commission, EFCC, preferred against him.

The former CDS, had at the resumed sitting on Wednesday, challenged tje jurisdiction of the court to try him through his lawyer, Samuel Zibiri, SAN, on the basis that the charge preferred him was grossly defective.

Badeh, in his application dated March 15, argued that the charge did not disclose any offence known to money laundering Act and insisted that it lacked  legal validity.

Citing section 220 of the Administration of the Criminal Justice Act, 2015, ‎Badeh prayed the court to hear and determine the application first before delving into full-blown hearing of the substantive charge against him.

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“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.

The EFCC counsel, Rotimi Jacobs,  ‎however, urged the court to disregard the application, saying it was a deliberate ploy by the defendant to stall the commencement of his trial.

According to Jacobs, sections 221 ‎and 396(2) of the ACJA, 2015, provided that any objection challenging the  jurisdiction of the court or validity of a criminal charge must be considered alongside the substantive case.

He also argued that it was late in the day for Badeh to raise the objection since his trial has already commenced.

Trial judge, Justice Abang, while ruling on the application,  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.

Justice Abang however gave the prosecution seven days to respond to Badeh’s objection to the trial.

Badeh is facing trial over allegation that he fraudulently diverted about N3.9billion from account of the ‎Nigerian Air Force within 2013. He was earlier granted bail in the sum of N2 billion. A condition he has been unable to meet.

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