JUSTICE Okon Abang of the Federal High Court sitting in Abuja on Wednesday adjourned till February 26, 2019, to enable the prosecution and the defence decides whether or not to continue the trial of the late former Chief of Defence Staff, Air Chief Marshal Alex Badeh (rtd).
Badeh was, before his death, facing a 14-count charge, bordering on money laundering and conversion of public funds to the tune N3.9 billion for personal use.
He was charged alongside his company, Iyalikam Nigeria Limited.
When the case came up yesterday, the defence counsel, Chief Akin Olujimi (SAN), informed the court of the death of his client, stating that Badeh was murdered on December 19, 2018, on his way from his farm, along Keffi-Abuja expressway.
Olujimi requested for a short time to liaise with the prosecution on the next line of action to take in the matter.
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Oluwalekan Atolagbe, who represented the prosecution at yesterday’s proceedings did not object to the request for short adjournment by the defence counsel.
Atolagbe however, said that the defence ought to have furnished the court with a death certificate, is the court of record.
In a short ruling, Justice Abang, held that no death certificate was required because the fact of Badeh’s death was already in the public domain.
He said, “The court is already aware of his death. The Supreme Court made it clear that where a matter is already a public knowledge, the court, being a member of the public, does not require a certificate of death.”
Abang paid glowing tribute to the late Defence Chief, saying that, “Throughout his trial, he never created difficulties for the court. He was so peaceful throughout his trial. His conduct was a show of tremendous respect to the court. He was always in court before trial, he never asked for frivolous applications.”
The Judge subsequently adjourned till February 26, 2019, for a feedback of the meeting between the prosecution and the defence on the way the matter will go after Badeh’s death.
Recalled that the late Defence Chief, along with his company was in July last year re-arraigned by the Economic and Financial Crimes Commission (EFCC) on an amended 14-count charge.
He was first arraigned along with his company on a 10-count charge bordering on criminal breach of trust, abuse of office and money laundering to the tune of N3.9 billion.
Badeh was alleged to have diverted Nigerian Air Force (NAF) funds for personal enrichment, and acquisition of properties in choice areas of Abuja.
Prosecuting counsel, Rotimi Jacobs (SAN) told the court that new developments necessitated the amendment of the charges.
One of the new charges reads: “That you, Air Chief Marshal Alex S. Badeh (rtd) and Iyalikam Nigeria Limited on or about 24th February 2016 in Abuja within the jurisdiction of this Honourable Court, did retain possession of the sum of $1,000,000.00 only which you kept at No. 6 Ogun River Street, Off Danube Street, Maitama, Abuja which funds you reasonably ought to have known formed part of the proceed of your unlawful activity to wit: theft, criminal breach of trust or corruption and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section 15 (3) of the same Act.”
Late Badeh pleaded, “not guilty” to the amended charges when they were read to him and had been on bail till his death.
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