A Federal High Court in Abuja was on Monday told that a plot of land bought on Aminu Kano Crescent, Abuja by ex-Chief of Air Staff, Alex Badeh, at N650 million originally belonged to Ayodele Fayose.
Mustapha Yerima, a building contractor and owner of Life Builders Technologies Limited, told the court he assisted Badeh to buy the land on which he was asked to build a shopping mall for the ex-Chief of Air Staff.
The witness, who said the original N1.2 billion cost of the project was later reviewed upward, attributed the review partly to an alteration made to the shopping mall’s original design by Badeh’s son – Alex Badeh (Jnr). He said the alteration cost N17 million.
Yerima was, however, silent on whether or not Fayose, who was the original allottee of the land, is the same as Ekiti State governor.
Yerima, the fourth prosecution witness, who was led in evidence by lead prosecution lawyer, Rotimi Jacobs (SAN), said he met Badeh through a former Director of Finance and Account of the Nigerian Air Force (NAF), Air Commodore Aliyu Yishau (rtd).
Yishau, had while testifying as the first prosecution witness, told the court how, on Badeh’s instruction, he assisted him in acquiring property both in and outside Abuja. He also told the court how he delivered United State dollars equivalent of N558.2 million to Badeh monthly from the remnant of NAF’s monthly salaries.
Badeh is being tried on a 10-count with a firm, Iyalikam Nigeria Limited, on charges of money laundering and diversion of public funds estimated at about N3.97 billion.
Yerima, dressed in brown kaftan, said: “I am a contractor, Life Builders Technology Limited. I do partnership with other companies. But I am the Managing Director of Life Builders.
“Sometimes around 2013, I got information that the NAF, through the Directorate of Works and Nigerian Air Force Property Limited, was shopping for vendor, who could partner with them for construction of a conference centre.
“While we were finding out the nature of the job, I got to understand that they are looking for technical assistance. Life Builder was a young company at that time, so I decided to contact a friend of mine, who was also a contractor.
“He is the owner of Edile Company because he has capacity. So, I bided with him for the job. We were lucky, we got the job. Then, Air Marshal Umar was the Chief of Air Staff. A year into the project, there was a change of command and Air Chief Marshal Badeh became the Chief of Air Staff.
“While on his official tour carried out by the NAF, he (Badeh) visited our site, which was NAF Conference Centre. We took him round the project and we showed him all the facilities. He was very impressed that an indigenous contractor could do a wonderful job because the finishings were nice.
“Soon after that, he left. Some few weeks or months later, the Director of Finance, Air Commodore Yishau (PW1) approached me and said his boss was very pleased with our job. And that his boss wanted to give us a job. Then, he scheduled a meeting.
“He told me the nature of the job and that it was the construction of a mall. Soon after that, Yishau called me again that they were ready to embark on the project. That we should look for a commercial plot within the city centre.
“Before we could find one, Yishau called that they had found one along Aminu Kano Crescent. Then, he engaged us to negotiate for the land. He gave us a copy of the C of O (Certificate of Occupancy).
“I got to know that the land was in the name of one Fayose Ayodele. Soon after, we tried to contact the owner. Yishau called again that they had found the person, who bought the land from Mr. Ayodele Fayose.
“Then we contacted the person. It was one Mr. Tony (I can’t remember the other name). He is the owner of Itex Furnitures. We got to him and we realised that he sold to the third party by the name Kasagro Investments Limited.
“We now spoke to Air Commodore Yishau to find out. He then directed us to negotiate with Kasangro Investments Limited. We got to Kasangro Investments Limited, he then named his price, N650 million.
“Then, we went back to Air Commodore Yishau to tell him the price. Then he said he would get back to us. Then he called us and gave us N650 million dollar equivalent because Kasagro insisted on cash payment.
“We then took the money to his office. He confirmed and gave us all the original documents for the land. I then called Air Commodore Yishau to ask for which name the deed of assignment and power of attorney should be executed and Yishau told me to execute the documents in the name of my company, that is – Life Builders Technologies, which would later be transferred to another company after he had discussed with his boss, in the person of Air Chief Marshal Badeh.
“We did exactly as he said because at that time, our interest was to construct the shopping complex. We then handed over the land’s original documents to Air Commodore Yishau,” Yerima said.
The witness further told the court that he initially gave Badeh a bill of N1.3 billion for the execution of the shopping mall project, but that it was reduced to N1.2 billion following a complaint by Yishau that the original bill was on the high side.
He said although he requested N408 million for mobilization, he was paid about N340 million.
Yarima said Yishau retired before the project was completed, but that he was introduced to Badeh’s son, Alex Badeh (Jnr), who oversaw the project to completion and even directed a modification at a point, which cost an additional N17 million.
Yerima added: “I can remember we calculated about N408 million as mobilisation. He (Yishau) then gave us about N340 million in dollar equivalent. Then, we started constructing the mall.
“At each stage, we provided him with site progress picture, which he (Yishau) said he would be submitting to his boss, Air Marshal Alex Badeh, so that he (Badeh) would appreciate our work.
“While we were constructing the project, Air Commodore Yishau called us for a meeting that our payment would be coming from the Air Force.
“He then introduced me to one Air Commodore Sini, who happened to be the CFO (Camp Finance Officer) and who was in charge of payment. Soon after that, we started receiving the payment directly from the NAF.
“We were paid a total of about N860 or N880 million from the purse of the Nigerian Air Force. As soon as we were about to exhaust the payment made to us at that time, we realised that a couple of things were not part of the bill.
“We quickly raised an alarm. We also submitted a review because there were some items whose prices had gone up or as a result of exchange rate. Then the job began to slow down. By then, we had come to the finishing.
“We now approached Air Commodore Yishau to inform him of our predicament. I understand that there was pressure from his boss, Air Chief Marshal Badeh, to complete the job before he went on retirement. We couldn’t do much at that time because there was constraint of money.
“After so much argument, he said he was going to schedule a meeting between us and Air Chief Marshal Badeh. We couldn’t meet him then before he retired. One day, Air Commodore Yishau called me and said I should see him at the official resident of Chief of Air Staff.
“Upon getting there, I met Air Commodore Yishau and Air Chief Marshal Alex Badeh. Air Chief Marshal Badeh asked me why the project could not be completed on time. I explained everything to him.
“I brought out a bill which I had with me. From the initial bill, there was an omission – two main lifts and one service lift were omitted. It was about N97 million for those three lifts. That N97 million was inclusive of some shortages on addition glasses and installation.
“We also gave him an additional bill for fluctuation of prices and other items to the tune of N54 million or there about. Then, he said they would provide the fund, but that I should state when I would complete the project.
“So, I told them that as soon as the payment was made, we would draw the programme of work to know when precisely I could hand over the work. Then I left. Two days or a week later, Air Commodore Yishau told me that we were meeting again, this time with Alex Badeh (Jnr.) in Air Commodore Yishau’s residence.
“Air Commodore Yishau told me that since he had retired, he would not be travelling frequently to Abuja, that Alex would be overseeing the activities on the project.
“That was when Alex Badeh (Jnr) brought in his request that he wanted to use the fifth floor, which is the penthouse for restaurant. Alex said we should carry out some modifications. We then told him that it was not on the original bill that it would cost him money.
“After much argument, he said we should submit our bill for him to look at it. After that, we left and brought him a bill of N17 million plus to do the modification. After that, payment started coming from a third party.
“The first payment that came in was from Vetiva. I then called Alex (Jnr) to find out if he instructed that same company to pay money into our account. He said yes, that he and his father, instructed him to make the payment.
“We were working to ensure that we met the deadline despite all the challenges we were facing at the site,” Yerima said.
When it was over 3pm, Justice Okon Abnag halted proceedings to enable the court attend to other cases.
He adjourned to 12noon Tuesday for Yerima to conclude his testimony.
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