Alleged ‎N3.9bn fraud: Court Throws Out Badeh’s Application to Stop Trial

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Alleged ‎N3.9bn fraud: Court Throws Out Badeh’s Application to Stop Trial

By Correspondent

Justice Okon Abang of a Federal High Court sitting in Abuja, on Wednesday, rejected an application initiated by the former Chief of Defence Staff, Air Marshal Alex Badeh (rtd.) to stop further hearing on the 10-count criminal charge made against the military chief by the Economic and Financial Crimes Commission (EFCC). At the commencement of hearing on the matter, Badeh’s lawyer, Samuel Zibiri (SAN), questioned the jurisdiction of the court to try his client for the reason that the charge, which according to him was grossly defective, did not disclose any offence known to the Money Laundering Act. Badeh, who relied on section 220 of the Administration of the Criminal Justice Act, 2015, ”Žprayed the judge to hear and determine the application first before delving into full-blown hearing of the substantive charge against him. According to the top military chief, “Where the court is informed of the pendency of an application challenging its jurisdiction, the court is enjoined by the plethora of legal authorities to ”Žsettle the issue of jurisdiction first.” However, lawyer to the EFCC, Rotimi Jacobs (SAN) urged the court to disregard the application. The SAN argued that the prayer became imperative for the reason that it was a deliberate ploy by the defendant to stall the commencement of his trial. The EFCC counsel maintained that sections 221 ”Žand 396 (2) of the ACJA, 2015, provided that any objection challenging jurisdiction of the court or validity of a criminal charge must be considered alongside the substantive case. Jacobs added that it was late in the day for Badeh to raise the objection since his trial has already commenced. In his declaration, Justice Abang held that there are laid down procedures for the prosecution of criminal ”Žcases under the ACJA. According to the judge, “Having regards to section 396(2) of the ACJA, the application can only be considered alongside the substantive issue and ruling delivered along with judgment on the matter. Section 221 of ACJA said objection shall not be entertained during proceeding or trial on the ground that a charge is defective. “The court can only entertain and make findings on the application at the end of the proceeding and ruling delivered when the matter is decided. “Right of the defendant to be heard has been preserved ”Žtill the end of the proceeding. It would have been a different matter if this is a civil matter or if it was raised before the enactment of the ACJA. As at today, the law has changed. “The application is hereby refused. The prosecution is hereby directed to call its first witness for the trial to commence now.” 

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