How $1 million was recovered from Alex Badeh’s property – EFCC

– Nigeria’s former chief of defence Alex Badeh is one those indicted in the $2.1 billion arms deal scam

– Other former and serving military chiefs are also under investigation

– $1 million was recovered from one of Badeh’s properties by the EFCC

The Economic and Financial Crimes Commission (EFCC) has revealed how a huge sum of money was found inside the property of the former chief of defence staff, Alex Badeh.

The prosecuting counsel, Rotimi Jacobs, said the money was found in one of the properties confiscated from the former defence chief.

READ ALSO: More trouble for Badeh as EFCC makes more shocking discovery

At the bail hearing filed by Badeh, the defence counsel, Samuel Zibiri, told the court that the applicant is a gentleman and will not jump bail.

He said the EFCC had earlier granted administrative bail twice to the applicant and he obliged.

He also said the defendant voluntarily honoured the invitation of the EFCC with no plans or intent of evading investigation.

Zibiri said: “This is an indication that the applicant is a perfect gentlemen who did not and has not misbehaved.”

He also said that the applicant has no criminal antecedent for the 35 years he “meritoriously” served Nigeria.

The defence counsel submitted that in line with Section 35(1)(4), 36(5) and Section 6 of the 1999 constitution as amended and Section 158, 162 and 165(2) of the Administration of Criminal Justice Act (ACJA), the defendant is entitled to bail.

He said the EFCC in an attempt to oppose the bail has filed a counter affidavit, adding that paragraph four of the EFCC’s counter affidavit alluded to the fact that most of the claims made against the defence submissions are false.

He said the EFCC made no attempt find out the truth about the claims made in the applicant’s affidavit.

He further urged the court to expunge paragragh four of the counter affidavit and take the facts stated by the apllicant as unchallenged and vague, and said that relying on Section 162 of the ACJA, all the reasons given by the EFCC cannot hold water.

READ ALSO: Confusion over former defence chief Alex Badeh’s arraignment

Zibiri said: “I pray the court to grant the applicant bail as your learned brother Chikere J. did in the case of Abba Moro.”

He also said with regard to the law, when he visited Badeh in prison on Wednesday, March 9, the condition of the facility was unfavourable for him (Zibiri) as a senior counsel to take briefings from his counsel.

Counsel to the second defendant also in agreement said his team did not object to the bail application.

The counsel said: “My lord, if the EFCC had granted bail twice in this matter, it marks as hypocrisy not to grant bail in this case.”

But Rotimi Jacobs, the counsel to the EFCC, argued that an affidavit by the commission has fully and clearly stated why the applicant should not be granted bail.

Jacobs said the evidence shows a strong prima facie case against Badeh.

He referred the court to page 76 to 99 of the pool of evidence before the court.

He said the pages shows clear evidence of how the defendant gave instructions to the director of finance of the Nigerian air force to convert public funds to dollars.

He said the funds converted were also ordered by Badeh to be used to buy property within the country.

“My lord, the first property was bought for at N1.4 billion and the finance director paid for it,” Jacobs said.

He also said that $1 million was recovered from the said property.

“$1 million was recovered from the property; we will tender it as evidence,” he added.

READ ALSO: Lawyers, family express concern over ex-military chief Alex Badeh’s health

Jacobs said it was likely that the first defendant would jump bail following the strong evidence against him.

He said the applicant is a former chief of air staff and chief of defense staff and is facing trial where his subordinates are coming to give evidence.

Citing the case of the former chief of army staff, Isahya Bamiyi, the prosecution said the court of appeal had also denied bail in the matter because of Bamiyi’s position.

He said in the matter his subordinates were expected as witnesses and thus the court denied him (Bamiyi) bail.

Jacobs said: “A big man should not avoid incarceration because of his status.”

But the defence counsel in an objection urged the court to caution the prosecution.

Zibiri said: “My lord, he should argue his case on bail application and avoid undue media hype. This is an allegation and the applicant has said no $1 million was found in his house.”

But Jacobs further urged the court to refuse the application. He said the applicant has not met the conditions to be granted bail on health grounds.

Zibiri further argued that the availability of the accused to face trial is key to granting bail.

He said the matter before the court is distinguishable from that of Bamiyi’s. He said the case of Bamiyi was a murder case and a non- bailable offence.

He said an accused person is assumed innocent as enshrined in Section 6 of the constitution, adding that the issue of $1 million has also been denied by the defendant.

He also said Jacobs’s argument that the documents presented are not certified is vague as the hearing is on an interlocutory application and one need not certify a document annexed to such applications.

The former defence chief is currently being detained by the EFCC over his involvement in the widely distributed $2.1 billion arms deal popularly known as the Dasukigate.

He is also being investigated for receiving $800,000 from his finance director during his tenure as the defence chief.

But denying all the allegations against him, Badeh has said that he is being persecuted unjustly.

The former defence chief in a statement said all allegations against him are false.

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