Badeh, who is being prosecuted by the Economic and Financial Crimes Commission, EFCC, alongside Iyalikam Nigeria Limited on a 10-count charge bordering on money laundering, criminal breach of trust and corruption to the tune of N3.97 billion, had on March 7, 2016 pleaded not guilty to the charges.

The trial judge had adjourned till Thursday to rule on his bail application. Moving the application, defence counsel, Samuel Zimiri, SAN, pleaded with the court to grant Badeh (who was not in court) bail on self recognition.

He argued that the former CDS served Nigeria meritoriously for 35 years.

“We depose to the fact that the applicant will be available in court for his trial. His presence at the trial is what is paramount according to the Supreme Court, and it should be considered first before the charges,” he told the court.

He argued further that his client was, according to Sections 35 and 36 of the 1999 Constitution, presumed innocent until proven guilty.

His submission was in response to the argument of prosecuting counsel, Rotimi Jacobs, SAN, that the offfences against Badeh were very weighty, and “he might disappear in a bid to avoid the shame of facing trial, so the severity of the offence should be looked at”.

Jacobs added that “Some of the witnesses who would be called to give evidence against him include some of his subordinates, and so if granted bail, his presence will have impact on them.”

One of the subordinates, according to him, is the Director of Finance of the Nigeria Air Force, NAF, which according to him “was given instruction by Badeh to convert public funds into dollars and to use same to buy all the assets referred to in the body of the charges”.

He further told the court that EFCC operatives found $1m cash in the bedroom of an Abuja mansion belonging to him.

He noted that while Badeh denied ownership, properties belonging to him including photographs were found in it.

Justice Abang, in his ruling, upheld the argument that constitutionally, a defence applicant is presumed innocent until proven otherwise.

“Having considered the gravity of the offence, availability of the defendant to stand trial, the weighty evidence and fear of the prosecution that he may evade trial, what is not in doubt is that we cannot overlook the fact that the presumption of innocence holds here,” the judge said.

The trial judge, thereafter, granted him bail in the sum of N2bn with two sureties in like sum. His trial continues on March 14, 2016.

The sureties, according to the judge, must have landed properties in Abuja, the Certificates of Occupancy, which must be submitted to the Chief Registrar of the court.

He ordered that the Registrar must verify in writing the value of the assets from the relevant department of the Federal Capital Territory Development Administration and the genuineness of their certificates.

He also ordered that Badeh’s international passport and/or official passport must be submitted to the registrar, including three years tax clearance certificates of the sureties, two passports each and their proof of means to provide the amount attached to the bail.

Follow Us

The post Armsgate: Ex-CDS, Alex Badeh gets N2bn bail appeared first on New Mail Nigeria.

In his ruling, Justice Mohammed Idris of the Federal High Court Lagos rejected Ecobank’s plea for stay of ruling in the contempt charge.

This follows an earlier ruling by Justice Idris on December 11, 2015 that the court has jurisdiction to entertain the contempt proceedings instituted by Honeywell.

When the matter was called up on Friday, January 15, 2016, counsel to Ecobank, Kunle Ogunba (SAN), informed the court that they had filed an affidavit dated 13th January, 2016 pointing to the fact that two Notices of Appeal are pending before the court of Appeal against the decisions of the court which were delivered on 11th December, 2015.

According to Ogunba, the appeal is against the decisions of the court dismissing Ecobank’s objection on grounds of jurisdiction and thereby assuming jurisdiction as well as adjourning to the 15th of January 2016 for the ruling on contempt.

He stated that the records of appeal have been transmitted to the appellate court. Ogunba also apologized for serving Honeywell the affidavit in court in the morning of January 15, 2016.

Counsel to Honeywell, Wole Olanipekun (SAN), opposed the application to stay the ruling on the basis that the date for ruling was fixed before Ecobank filed its appeal. Furthermore, the affidavit deposing to the Notices of Appeal was only served on Honeywell at the court that morning.

In response to the prayers by Ecobank’s counsel, Justice Idris ruled that the affidavit filed by Ecobank dated 13 January, 2016 with the aim of stopping the court’s ruling was just served on Honeywell in the morning shortly before the court sitting and that Honeywell ought to be given time to respond accordingly. He therefore decided that the court would proceed with its ruling.

Justice Idris issued a strong warning that the order of the court, directing all parties to maintain the status quo ante bellum still subsists and that any party in breach of the order should retrace its steps or risk the punitive power of the court.

The matter was thereafter adjourned to 26th February for the hearing of the substantive suit.

Follow Us

The post Court rejects Ecobank’s plea in contempt proceedings against Honeywell appeared first on New Mail Nigeria.

The state government has taken the anti-graft agency to court, urging it to compel the EFCC to release N1.4 billion and $1.3million recovered from Alamieyeseigha to it, with interest and also demand the sack of EFCC Chair, Ibrahim Lamorde.

The suit is before Justice Ademola Adeniyi of the Federal High Court, Abuja.

In a writ of summons issued against the EFCC and Lamorde, the state urged the court to, among others, declare as corrupt act, the refusal of the commission to remit to it, the recovered funds.

It also urged the court to declare that the decision by the EFCC to continue “trading with the funds by way of funds placement/fixed deposits is an act of corruption and an economic crime contrary to sections 6 and 7 of the EFCC (Establishment) Act, 2004.”

In the suit initiated by its lawyer, Anthony Agbonlahor, Bayelsa State also urged the court to direct the commission to immediately pay the monies with the interest which had accrued on them.

Bayelsa asked the court to declare that Lamorde, who took part in the investigation and prosecution of Alamieyesiegha, should not have allowed the funds recovered from the former governor to be traded with.

It urged the court to hold that Lamorde was not qualified to continue in office as chairman of EFCC, having violated his oath of office.

The state also urged the court to order EFCC to pay 21 per cent interest on the N1.4 billion and the $1.3 million from November 1st, 2013 until judgment is delivered by the court.

It pleaded with the court to “direct EFCC to pay to it $400,000.00, being the amount forfeited by its former governor and which funds had since been repatriated by the United States Government to the EFCC”.

The state said it resorted to the court action following the EFCC’s refusal to honour an earlier request for the funds as contained in a demand letter from the state’s agent, George Uboh, of the Panic Alert Security System.

Uboh said he met with EFCC officials and the commission asked him for a short time to comply.

He said the commission failed to remit the monies, following which the state instructed him to go to court.

For the latest on national news, politics, sport, entertainment and more follow us on Twitter and like our Facebook page.

The post Bayelsa drags EFCC to court over Alamieyeseigha loot appeared first on New Mail Nigeria.