Arms deal: Badeh attacks evidence EFCC seeks to tender as exhibit

THE former Chief of Defence Staff, Alex Badeh, on Tuesday objected to the admissibility of document and other evidence found in a property in Abuja, which the anti-graft agency claimed belong to him and sought to tender them as evidence against him in the 10 count charge preferred against him and Iyalikam Nigeria Limited.

EFCC is prosecuting Badeh along with the company before Justice Okon Abang of the Federal High Court in Abuja, on charges bordering on money laundering, criminal breach of trust and corruption to the tune of N3.97billion.

In his objection argued through his counsel, Alhaji Sanusi Lasun (SAN), Badeh told the court that the search was executed in gross violation of Section 150 of the Administration of Criminal Justice Act (ACJA), which requires that the person, whose property is being searched or any person, acting for him must be present during the search to sign the inventory of the items recovered from the property.

Lasun told Justice Abang that there is nowhere in law that allows the person conducting a search to pick any body from the street to supervise the search, as done by the EFCC, which he noted picked a security guard from the neighbourhood to sign the inventory of the items recovered from the property located on Oji River Street, Maitama District, Abuja allegedly belonging to Badeh.

He said the defendant witnessed the first search conducted on his Asokoro residence by the EFCC and wondered why the anti-graft agency refused to conduct the second search in his presence, even when Badeh was then in the custody of the prosecution.

“The search was conducted in a clear violation of Section 150 of ACJA and anything done in violation of ACJA, which regulates criminal trial, is a nullity.

“Nobody shaves a man’s head behind him. All the items claimed to be found in the defendant’s house was a nullity,” Lasun said and urged the court to refuse the items sought to be tendered from the second search by the EFCC.

In his submission, the prosecution counsel said the argument of the defence counsel is not correct, adding that Section 149(4) of ACJA permits a search warrant to be executed in the presence of a witness and the person it is addressed to.

He said the provisions allows the person, which the warrant is addressed to look for a witness in the neighbourhood to supervise the search, saying, there is no law that says the owner of the house must be present before a search warrant can be executed.

Jacobs said how the document was obtained is irrelevant for the purpose of admissibility and that, what is important is the relevance of the document to the proceedings of the court.

Earlier, the 15th prosecution witness, Mohammed Goji, a detective with the EFCC told the court that a total sum of $1 million and a red box, containing a knife were found in the Maitama property belonging to Badeh.

The money, he said was stashed in a boiling kettle pack hidden in the upper compartment of the bedroom wardrobe of the first defendant.

The witness said the EFCC obtained search warrant before conducting the search of the two houses belonging to Badeh.

The matter was adjourned till today for ruling on the admissibility of the document and continuation of trial.

In a related development, Justice Abang will today continue with the trial of the former governor of Adamawa State, Admiral Murtala Nyako (rtd) and seven others standing trial over their alleged involvement in a N40billion fraud  while he was governor of the state.

EFCC is prosecuting the former governor along with his co-defendants on a 37-count charge bordering on criminal conspiracy, stealing, abuse of office and money laundering.

They are alleged to have used five companies, Blue Opal Nigeria limited, Serore Farms & Extension Limited, Pagoda Fortunes Limited, Towers Assets Management Limited and Crust Energy Limited, among other companies to commit the fraud.