Tag: Badeh

  • Badeh never promised me N15m, says witness

    Badeh never promised me N15m, says witness

    A witness, Husseni Umar, yesterday told Justice Okong Abang of the Federal High Court, Abuja that Air Marshall Alex Badeh never promised him N15 million.

    Umar  told the court that he assisted Badeh and the erstwhile director of finance and accounts at the Nigerian Air Force (NAF) Air Commodore Salisu Abdullahi Yushau to  purchase two properties situated at No 6, Ogun River Street, Off Danube Street, Maitama, and No 14, Adzope Crescent, Off Kumasi Crescent, Wuse II, Abuja for N1.1billion and N360million.

    He said Badeh provided the fund and passed the instruction for the purchase of the property through Yushau who had earlier testified as the first prosecution witness (PW1) in the case.

    Umar said after the payment he recieved the title documents and passed it to Yushau, who passed it to Badeh at the official residence of the ex-Air Force chief in Abuja.

    He said: “PW1(Umar) requested me to look for a property for his boss (Badeh) and I did so. Having found No. 6, Ogun River Street, I reported my findings back to PW1.

    “It was PW1 that confirmed the approval of his boss to negotiate for the property. I negotiated with the owner and he agreed for the price of N1.1bn.

    “After I had completed negotiation, I reported back to PW1 who asked me to conduct legal search. PW1 asked me to prepare the agreement. It was PW1 who gave me the name, Iyalikam, to me.

    “PW1 paid the N1.1bn in two to three installments between nine to 10 days. I collected the title document from the owner. I handed over the document to PW1 who also handed it over to the defendant in my presence at the Air House, which was the official residence of the defendant (Badeh).”

    On why he failed to state in his statement to the Economic and Financial Crimes Commission (EFCC) that Yushau passed the title document to Badeh in his presence, the witness said he only gave a summary of his side of the story.

    When asked what formed “the scope of his summary”, he said: “The first is the subject matter that relates to me as a person – in the instant case, No. 6, Ogun River Street, Abuja.”

    ”Asked if he would be surprised that Yushau told the court in his testimony that he was given N15m as compensation, the witness said: “ I do not know why he will tell the court that I was given N15m.”

    During cross-examination by counsel to the first defendant , Chief Akin Olujimi (SAN), the witness told the court that the document of the said transaction of 6, Ogun River Street and 14, Adzoke Crescent were not signed by Badeh and the 2nd defendant (Lyalikam Nigeria Limited).

    In a ruling, Justice Okon Abang held that the law was settled and that re-examination was limited to issues raised during cross-examination.

    Justice Abang said: “I have also listened to all the argument and the answer by the witness is clear; there is no ambiguity here. To allow the witness answer the question of the prosecution it will amount to making fresh evidence by the witness.”

    The judge held and adjourned the matter till May 23 for continuation of trial.

    The EFCC is prosecuting Badeh alongside a firm, Iyalikam Nigeria Limited, on a 10 count charge of money laundry bordering on alleged removal of about N3.97bn from the Nigerian Airforce account.

    The anti-graft agency accused Badeh of using the funds to buy landed assets in Abuja for himself and two of his sons between January and December 2013.

  • How $6.2m was paid to acquire  properties  for Badeh, by witness

    How $6.2m was paid to acquire properties for Badeh, by witness

    A Witness, Husseni Umar,   yesterday narrated to Justice Okong Abang of the Federal High Court,Abuja on how  $6.2million  was paid installmentally in order to acquire properties in choice areas of Abuja for the former Chief of Defence Staff Air Marshall Alex Badeh.

    Umar,  a lawyer who testified as the third witness while being in evidence in counsel to the Economic and Financial Crimes Commission(EFCC) Rotimi Jacobs (SAN) told the court that he assisted Badeh and erstwhile Director of Finance and account at the Nigerian Airforce Salisu Abdullahi Yushau in the purchase of two properties located No 6 Ogun Rivers off Danube Street, Maitama and No 14, Adzope Crescent off Kumasi Street, Wuse 2, Abuja for  N1.1 billion and N360m.

    The EFCC is persecuting Badeh alongside a firm Iyalikam Nigeria Limited on a 10-count charge of money laundering bordering on alleged removal of about N3.97billion from the Nigerian Airforce account.

    The anti-graft agency accused Badeh of using the funds to buy landed assets in Abuja for himself and two of his sons between January and December 2013.

    Umar, who was led in evidence by the prosecution counsel Rotimi Jacobs (SAN) said: when I got the instruction from Yushau,the first inspection was carried out between myself and Yushau.

    “The second inspection was carried out between myself, Badeh and Yishau while the third and fourth inspection was a joint inspection between myself, Badeh, his wife, son by name Sam and Badeh’s daughter.

    “After we concluded my lord,Yishau gave me the name that I will use to prepare the deeds of assignment and so I prepared the agreement when the owner confirmed payment we met at No 6, Ogun Rivers Street, Maitama so that Badeh will sign all the documents which the owner handed over to me”, Umar said.

    Umar went on:”The following morning myself and Yishau went to the Air chief  house and met the first defendant and his childhood friend”

    “Yishau told Badeh that he has concluded and had all the documents related to the property and in my presence he handed over the documents to Badeh and asked for a copy.Badeh said he was going to see his lawyer as soon as it is signed”

    Umar further added that Badeh through Yushau in appreciation of what he did offered him $100,000 equivalent to N15M.

    Regarding the purchase of No 14 Adzope Crescent off Kumasi Street Wuse 2 Abuja Umar gave details on how the purchase was made.

    According to him “sometime in 2013, Yushau call to tell me that he wanted me to meet one Honorable Bature.He said that there was a property that they have already negotiated and he wants me to see Bature, get the deeds of the transfer and other documentation as Yushau was travelling.I was given the name Lyalikam as a purchaser.

    “He left the sum of $2million with me equivalent to N360million and instructed that I pay honorable Bature as soon as the documents were signed which I did.

    “At the time when Yushau was retiring I met the Attorney General of the first defendant(Badeh) Barrister Timothy at Yushau’s house,in the presence of one Engineer Mustapha.

    Yushau said his boss had instructed that I hand all the documents in my possession of No 14 Adzope Crescent off Kumasi Street. I handed the documents which has been signed by Honorable Bature as well as the keys to the properties over to Barrister Timothy.

    “I didn’t see or hear from Barrister Timothy until the month of Feburary/March this year when he requested to see me urgently.He said that an ongoing investigation Involving Badeh and that he wanted to know if I could Claim no 6 Ogun Rivers Street off Danube Street Maitama as my own since the transaction has not been perfected at Abuja Geographical Informational System(AGIS).I told him that it was impossible.He dropped the phone and since then I haven’t heard from him.”

    He further said that Alex Jnr called him sometime between February/March 2016 pleading with him to claim the Ogun Rivers property a request he said he turned down.

    During cross examination by  lawyer Chief Akin Olujimi (SAN) the witness said in his statement to the EFCC he did say that he inspected four properties.

    “The EFCC interviewed me on only two properties”Umar added.

    I do not know that Yushau told the court that we inspected 3 properties, what I know is that we inspected 4.

    “The 1st inspection that we carried out was between myself and Yushau

    “I told the court what happened, my own side of the story, it was after the 4th joint  inspection and all of them were happy with the property that Yishau gave me the go ahead to negotiate with the property owners.

    In his words,”That aspect that all of them were happy with the property was not included in my statement but the issue of approval and negotiation is there in my statement.

    “It was Yishau that gave me the go ahead to negotiate with the owners of the property” he stated.

    The case was adjourned till today for continuation of trial by 12noon.

  • Badeh: Witness admits monthly diversion of N558.2m

    Badeh: Witness admits monthly diversion of N558.2m

    The trial of former Chief of Defence Staff Air Marshall Alex Badeh for money laundering continued before Justice Okon Abang of the Federal High Court in Abuja yesterday with a witness admitting the diversion of N558.2 million monthly under Badeh.

    The second prosecution witness, Emmanuel Abu, a Squadron Leader in the Air Force, gave details of how he assisted in the monthly diversion of N558.2m NAF’s fund for Badeh’s benefit.

    Abu, who was led in evidence by lead prosecution witness, Rotimi Jacobs (SAN), said he served as the Cashier, 106 Headquarters, Nigerian Air Force Camp, Mogadidhu Cantonment, Asokoro, Abuja.

    He said his duties were to assist the Camp Finance Officers (CFO) in all financial transactions, book keeping, inter-facing bankers, inter-facing with bureau de change (when necessary) and payment of bills for NAF headquarters.

    “In 2011, when I resumed, I served under a Camp Finance Officer – Wing Commander S.A. Bukar. -from June 2011 to November 2012.  In November 2012, a new CFO was posted – Group Captain Mohammed Lawal Sini, but now Air Commodore.

    “As a Cashier, the source of funding for my office is the Headquarters and the funds are usually for personnel emolument and for monthly overhead expenses,” he said.

    The witness added that the funds for the payment of personnel emoluments were paid into NAF’s special account: “UCA NAF 37 PE Account” domiciled with UBA Zone 2, Abuja.

    “The second account, from which we receive funds for overhead, is UCA NAF 37 Recurrent Account, domiciled at Zenith Bank, Maitama. It is used for monthly overhead expenditure and daily running of the office.

    “In the PE (Personnel Emoluments) account, we usually receive about N900 million – 1.3 billion monthly and from it, we pay salaries and the balance of the salaries, which are usually for non-regular allowances, training and operations and hanger catering are transferred to five other accounts; three with Zenith Bank, one with Diamond Bank and one with UBA.

    “After distributing the money into the accounts, the funds are used to augment the NAF overhead expenditures. We use them to pay estacode, non-regular allowances, training and operations, and to purchase aviation fuel.

    “For the expenditure, we receive approvals from the headquarters, usually approved by the Chief of Air Staff. However, in November 2012, when the new CFO (Sini) resumed, he informed me verbally, that there was a standing instruction for N558,200,000 to be set aside monthly for training and operational purposes at the headquarters.

    “He (Sini) also informed me that the amount is to be converted to US dollars, except otherwise instructed. I complied with the instruction and converted the amount monthly, from November 2012 to December 2013.

    “Within the 14 months, N7.8 billion plus was set aside and within the 14 months, I received instruction to transfer N410m to Afco Nig Ltd and N875 million to Right Builders Technologies.

    “In November 2012, I converted N558.2 million to USD and N3.4 million dollars was realised, which I handed over to the CFO.

    “In January 2013, I received the instruction to transfer N127 million to Afco Nig Ltd from the N558.2 million set aside for January. The N127 million was transferred in about eight or nine tranches. From what was left, 2.6 million USD plus was realised after conversion at N163 to a dollar

    “But of the N558.2m for February 2013, I was instructed to transfer N50 million to Afco Nig ltd, this was done in two tranches. The balance was converted to USD at N163 to a dollar and 3.1 million was realised, which I handed to the CFO by me.

    “From the 558.2m for March 2013, I transferred N100 million to Afco Nig Ltd. The balance was converted and 2.8 million USD plus was realised.

    “For April 2013, N558.2m was converted to USD at N163 to a USD and 3.4m USD plus was realised and handed to the CFO.

    “In May 2013, I transferred N76m to Afco Nig Ltd. The balance was converted and 2.9m plus USD was realised. This was also handed to the CFO by me.

    “In June 2013, from the 558.2m, N40m was transferred to Right Builders Technology, the balance was converted to USD and 3.1m plus USD was realised. This was also handed to the CFO by me.

    “For July, 2013, N558.2m set aside was fully converted to USD at the rate of N165 a total of 3.3m in USD was realised and handed to the CFO by me.

    “For August the N558.2 was fully converted to USD at N165 to a dollar and 3.3m USD plus was realised. This was also handed to the CFO by me.

    “For September 2013, the same N558.2m was converted to USD at N165 to a dollar and 3.3m USD plus was realised and handed to the CFO by me.

    Further hearing resumes on May 18.

  • ‘Badeh bought Abuja houses for sons at N970m’

    ‘Badeh bought Abuja houses for sons at N970m’

    A Federal High Court in Abuja heard yesterday that former Chief of General Staff, Alex Badeh bought choice houses in Abuja for his three sons at about N970 million.

    This was contained in the testimony of a retired Air Commodore, Aliyu Yishau, who was the Director of Finance and Account of the Nigeria Air Force (NAF) while Badeh was the Chief of Air Staff (between September 2012 and December 2013).

    Yishau, who concluded his evidence yesterday as the first prosecution witness in the trial of Badeh and Iyalikam Nigeria Limited, said he assisted Badeh to buy “a semi-detached bungalow” for one of his sons at No.8A Embu street, by Sigma Apartments, Wuse 2, Abuja.

    The witness had earlier told the court that Badeh bought a house at 19 Kumasi Crescent, Wuse II for his first son, Alex Badeh (Jnr) at N260 million, with N60 million spent to renovate it, while N90 million was expended in furnishing the property.

    While testifying on April 27, the witness also said Badeh bought another N320 million house in Abuja for his last son, 28-year-old Kam.

    “In my statement to the EFCC, I said the first defendant has two property in Wuse 2 that cost N260m and N320m. The house that cost N320m is adjacent to No 19 Kumasi Crescent, which was purchased from Honourable Bature. That was the one purchased for his last son, Kam. I cannot remember the address, but I can identify it,” Yishau said.

    Badeh and Iyalikam Nigeria Limited were arraigned on March 7 on a 10-count charge of breach of trust and corruption for allegedly diverting about N3.97 billion from NAF’s account.

    Yesterday, Yishau, who was cross-examined by Badeh’s lawyer, Akin Olujinmi (SAN) insisted that he paid for the property on behalf of the first defendant, who was his boss.

    Olujinmi concluded his cross-examination of the witness yesterday and Justice Okon Abang adjourned till today for continuation of trial.

     

  • Witness: Badeh bought N320m Abuja house for son

    Witness: Badeh bought N320m Abuja house for son

    A Federal High Court in Abuja was told yesterday how former Chief of Defence Staff Alex Badeh allegedly deployed public funds to acquire N320 million house in Abuja for his 28-year-old son, Kam.

    A retired Air Commodore,  Aliyu Yishau, who said he served as former director of Finance and Account of the Nigerian Air Force (NAF) when Badeh was the Chief of Air Staff (between September 2012 and December 2013),  made this disclosure at the resumption of proceedings in the trial of Badeh and a firm,  Iyalikam Nigeria Limited.

    Badeh and the firm were arraigned on March 7, on a 10-count charge of breach of trust and corruption for allegedly diverting about N3.97 billion from NAF’s account.

    Yishau, the first prosecution witness, who was cross-examined by Badeh’s lawyer Akin Olujinmi (SAN), said the N320 million house was the second of such property acquired in Wuse 2, Abuja by the former Chief of Defence Staff for his children.

    He said the first house located at No: 19 Kumasi Crescent, Wuse II, Abuja was bought for Badeh’s first son, Alex Badeh (Jnr), at N260 million, with N60 million spent to renovate it. Yishau added that N90 million was expended in furnishing the property.

    He said the second house, which was bought at N320 million for Badeh’s last son, is located adjacent to the one bought for the first son.

    When asked how he came about the information, the witness said he paid for the houses from the N558.2 million taken monthly by Badeh from NAF’s funds.

    He said once he converted the N558.2 million to United States dollars and takes it to Badeh in his house, the ex-Chief of Defence Staff would direct him to make payment from it.

    The witness said whenever Badeh directed him to make payments, he always takes the cash from the former Chief of Air Staff ’s house to his (witness’) house, from where he hands the cash to Husseini Salau, an engineer.

    “I collected the money from the 1st defendant’s (Badeh’s) resident. I take it to my house and ask them to come and collect it. I took the money to his house and he asked me to remove the equivalent of N260 million to pay for the house. I deducted the N260 million equivalent from the normal monthly N558.2 million I take to him.

    “He (the 1st defendant) always authorises the deduction for payment whenever I take the monthly money to him. I did not give the house renovation job to Salau. I paid N60 million for the renovation of the house based on the instruction of my boss, Air Chief Marshal Alex Badeh,” the witness said.

    He said he could not recall how many times he paid the money for the renovation, but admitted that the money was not paid at once.

    The witness said he was not aware that Alex Badeh Jr was just a tenant in the property at No: 19 Kumasi Crescent and that he did not see the tenancy agreement between Salau and Badeh’s son.

    He admitted telling the court, in his evidence-in-chief that Salau and Alex Badeh Jr located the house at No. 19 Kumasie Crescent, Wuse 2.

    Yishau said it would not be correct to say Salau marketed the house to him. He confirmed that he paid N90 million for furniture for the house.

    On how he  made payment for the furniture at No:19 Kumasi Crescent, the witness said: “When I received instruction from my boss, I directed my office at the Nigerian Air Force headquarters to liaise with Alex Badeh Jr and effect the payment of the N90 million.”

    On whether it was right for him to have made the payments, Yishau said he was acting on instructions from his boss.

    “In my statement to the EFCC, I said the 1st defendant has two property in Wuse 2 that cost N260 million and N320 million. The house that cost N320 million is the house adjacent to No. 19 Kumasi Crescent, which was purchased from Honourable Bature.

    “That was the one purchased for the last son of the 1st defendant, by name Kam. I cannot remember the address, but can identify it,” the witness said.

    On whether he is a certified accountant, the witness said he worked as an accountant for the Air Force for 25 years, but that he is not a certified accountant.

    Further hearing in the case has been adjourned to May 9 at 11 am.

  • Badeh in poignant struggle over learning and character

    Badeh in poignant struggle over learning and character

    Air Chief Marshal Alex Badeh (retd), the immediate past Chief of Defence Staff, is facing trial for money laundering. So far, some of the disclosures made by prosecution witnesses have stunned the nation and frayed nerves. While he is doing his best to counter the allegations against him, both he and the public seem to sense he faces an uphill task exculpating himself. Perhaps because the trial is not going on too well for him, the air chief marshal’s sympathisers have decided to appeal to the public directly by taking out newspaper advertisement pages to, well, launder (no pun intended) his image. What effect that would have on his trial remains to be seen.

    In the advertisement, some of which were published last week, the sympathisers, going by the name of New-Nigeria Patriots, recounted the air chief’s notable positions held in public service, and his footprints also in the same service. Without doubt, his achievements are solid and enviable, in fact absolutely glittering. The problem however is that he is not being tried for these achievements and footprints. He is being tried for a totally different matter.

    If anything, his achievements and footprints should mitigate the onerous bail conditions given him, not obviate his trial. His achievements have nothing to do with the 10-count charge he is facing in court. He is not being tried for his acumen and brilliance, nor for his diligence as an air force officer. He is being tried, essentially, for not showing character. That really is the problem with most people, particularly graduates of tertiary institutions. On their graduation, they are awarded certificates attesting to their learning and character. In reality, however, in nearly all schools, the character part of their stay in school has seemed to be expunged. Yet, character is the more important of the two, for every nation would rather have a second class lower graduate full of character than a first class graduate almost wholly devoid of character.

    The story of Nigeria’s political, business and cultural leadership is the eternal and intense battle between character and learning. It was the character problem that undermined nearly all Nigeria’s past military and elected governments. The same problem is manifesting hugely in the Fourth Republic, starting from the Olusegun Obasanjo presidency. It is crippling the security services, and it is rubbishing Senate President Bukola Saraki.

    The Badeh sympathetic advertisement is a poignant reminder of that existential struggle between learning and character. Given his achievements and brilliance, that disturbing irony of much learning without character should have occurred to the air chief and his friends before they sought to deflect the public’s angst by appealing above the heads of the courts and government to the people directly.

  • How Badeh used N1.1b to buy property in Abuja, by witness

    A prosecution witness, Air commodore Saliu Abdulahi Yushau, yesterday continued his evidence against the former Chief of Defence Staff Air Marshall Alex Badeh.

    He revealed how himself and Useni Umar, a lawyer, inspected some properties in Maitama and Wuse 2.

    Badeh and a firm, Lyanikam Nigeria Limited, are being tried before a Federal High Court on a 10-count charge, bordering on money laundering.

    The ex-Chief of Defence Staff is accused of diverting N3.97 billion belonging to the NAF, which he allegedly deployed in acquiring property using his firm.

    The anti-graft agency accused Badeh of using the funds to buy landed assets in Abuja for himself and two of his sons between January and December 2013.

    He pleaded not guilty to these charges.

    But yesterday, Yushau told the court that Badeh used N1.1 billion meant for the Nigerian Air Force (NAF) to purchase a house at Ogun River Street, Maitama, Abuja.

    He said: “I cannot remember everything I said to the Economic and Financial Crimes Commission (EFCC) because I was answering a question based on how they are being put across to me by my investigators.

    “I know it is not everything I am telling the court that is captured in my statement, but the fact still remain that everything I told the EFCC was within my knowledge and records are there.

    “After the agent we hired inspected the property on Ogun Rivers Street in Maitama and the one belonging to Alex Badeh Jnr. at Wuse2, we inspected the properties with my boss, Air Chief Marshall Alex Badeh.

    “After being satisfied with the property, Badeh gave me a name that the property will be bought and I forwarded the name following his instructions, Lyanikam Nigeria Limited.”

    The witness contradicted himself when he was cross-examined on the mode of payment for a shopping complex belonging to Badeh.

    The witness testified to the EFCC in one of his statement that the money for the development of the shopping complex was paid for in dollars at once, but later admitted it was an error.

    “I cannot remember saying once, but if I said so, then it is an error,” he said.

    Yushau said based on his directive from his boss, he had engaged Saka to draw the building plan for the shopping complex, adding that the man was not paid, only to turn around to say he asked Mustapha Yerima, the managing director, Rytebuilders, that handled the shopping complex to give something to Saka.

    He said: “After the construction job was given to Yerima on the instruction of my boss, I called him to give Saka something since the job was not given to him and I was told that he was given N10 million.”

    On balance payment for the land acquired, the witness admitted instructing the command finance officer of the Nigerian Air Force Headquarters to pay the remaining balance.

    “I am aware that N558 million was in the NAF account when I instructed the CFO to pay after he was supposed to change it into dollars, instead he transferred the money in naira into the account of Rytebuilders. I did not ask him to transfer the balance in naira,” the witness said.

    “From the evidence, you instructed Group Captain Sinni, the then command finance officer to pay the balance of the payment for the land to Yerima from the money you take to your boss every month, but later when you visited EFCC you said Captain Sinni paid in dollars?” Olujimi queried.

    Responding, Yishau said he told the EFCC that Captain Sinni paid the money in dollars, but that he had already made this statement before realising that it was transferred from the account of the NAF to the Rytebuilders.

    “The statement was given before I knew that my CFO paid the money in naira instead of dollars,” Yashau maintained.

    The case continues today by 11:30am.

  • Badeh got N558.2m NAF funds monthly, court told

    Badeh got N558.2m NAF funds monthly, court told

    • ‘I’ve no proof of ex-CDS alleged monthly loot’

    A former Director of Finance and Account of the Nigerian Air Force (NAF), Air Commodore Aliyu Yishau (rtd), told a Federal High Court yesterday in Abuja that he personally handed dollars equivalent of N558.2million monthly to the immediate past Chief of Defence Staff, Air Chief Marshal Alex Badeh.

    When asked yesterday whether he knew if Badeh was always in receipt of the money, Yishau declared that he always handed the money to Badeh in person. He, however, said he did not have personal records of the transaction, but that all records in relation to the money handed to Badeh, while he (the witness) was in office, were with NAF’s Command’s Finance Officer, Group Captain Sini.

    Yishau, who retired from service in December 2013, said Badeh benefited from the practice of setting aside N558.2million monthly from the remnant of NAF staff salary funds for the personal use of the Chief of Air Staff from October 2012 (when Badeh became Chief of Air Staff) to December 2013 (when the witness retired from service).

    “I always collect the dollar equivalent of N558.2m from Group Captain Sini and hand them to the 1st defendant (Badeh),” Yishau said, in response to a question from Badeh’s lawyer Akin Olujinmi (SAN) at the resumption of proceedings in the trial of the former Chief of Defence Staff yesterday.

    Badeh and a firm, Iyalikam Nigeria Limited, are being tried before a Federal High Court in Abuja on a10-count charge of money laundering, in which the ex-Chief of Defence Staff is accused of diverting N3.97 billion belonging to NAF, which he deployed to acquiring property, using the firm.

    Yishau, the first prosecution witness, had earlier testified to the effect that he routinely assisted Badeh to divert N558.2 million, which he always converted to dollar equivalent before handing same to Badeh at his official residence all through his time as COAS between September 2012 and December 2013.

    Yishau said the N558.2 million formed part of the leftover after salaries and allowances of permanent and temporary staff have been defrayed from the N4 billion received monthly by NAF in its Personnel and Emolument Account.

    He admitted assisting Badeh to acquire and develop landed property in Abuja with the N558.2 million taken monthly from the NAF Personnel Emolument Account.

    The witness told the court that before becoming the Chief of Air Staff, Badeh once served as the Director of Policy and Plans of the NAF, whose responsibilities include preparing NAF’s annual budgets.

    “In my statement to the EFCC, I said Air Marshal M.D. Umar (Badeh’s predecessor as Chief of Air Staff) purchased a house in Kano at N250 million. I also said M. B. Umar purchased another house in Mabushi worth between N350 million to N450 million. I equally stated that he (Umar) bought a house in Kaduna worth N80 million and reconstructed it with N75 million, making N155 million. He (Umar) equally acquired another house in Maitama worth over N500 million.”

    On how he knew about these transactions, the witness said he was instructed by Air Marshal M.D. Umar to facilitate the purchase of those properties.

    “The first house was not paid for by me. Payment for the second, third and fourth property were made by me,” he said.

    On how he paid the N558.2 million, he said it was always exchange into dollars for onward transfer to Badeh.

    Yishau said: “During the period of Umar, it was Group Captain Bukar, who was involved in exchanging the N550.2 million into dollars. Group Captain Bukar is still in service. He was removed from the office, where he was involved in exchanging the currency because he was posted on foreign assignment.”

    He added that on his resumption as the Chief of Air Staff, “the 1st defendant (Badeh) directed me to post Group Captain Sini to take over the office of Group Captain Bukar and that responsibility. Group Captain Sini has a junior officer by name, Squadron Leader Abu, who normally assists him in running the Finance Office at the Air Force headquarters”.

    On whether he knew how the money was exchanged, he said “mine was to give instructions to Command Finance Officer, who was reporting directly to me. Air Chief Marshal Badeh was not exchanging the money personally, but was given the dollar equivalent.”

    “I remember that the 1st defendant (Badeh) was appointed Chief of Air Staff on October 4, 2012 and assumed office on October 8, 2012.”

    On whether he remembered the exact amount in dollars, he claimed he always handed to Badeh, the witness said he could not remember.

    He added: “My Command Finance Officer, Group Captain Simi has all the records of all the money I have given to Air Chief Marshal Badeh. I was the one collecting the money to give to the Chief of Air Staff. I was the one that gave the money to him (1st defendant).

    “I do not have any record that he received these monies from me which I gave him between October 2012 and December 2013,” the witness said.

    He said he could not remember when Group Captain Sini was brought to Command headquarters

    He said he disclosed the issue of N90 million, used for the furnishing of the house Badeh bought for his son (Alex Badeh Jr.), for the first time in court because he was not asked by the EFCC how much was used to furnish it.

    When asked whether he was compelled to make statements to the EFCC, Yishau said the statements he made to the EFCC were his and that he made them on his own free will.

    At a point, Olujinmi gave the witness his statement dated February 4 and drew his (witness’) attention to pages 86 to 90 where he wrote that part of the dollars so exchanged were used to pay estacode of officers, for aircraft repairs and repairs of NAF health centres in some states.

    Based on what he wrote on those pages, Olujinmi asked him where he got the N558.2 million he claimed to be giving Badeh monthly when he wrote that the money used for the expenses he referred to in his statement was from the left-over salaries.

    Yishau explained that the he meant the entire left-over after payment of salaries, which the N558.2 million that was usually set aside for the Air Chief of Staff was also part of.

    On whether he knew how the NAF budget was computed, Yishau said “the budget office of the Air Force was under the Director of Account and Finance, so I did not know what was going on at that time in respect of budgeting and budget collation.

    “The responsibility of budgeting for the Nigerian Air Force was under the Director of Policy and Plans. And the 1st defendant, Air Chief Marshal Bade was in charge of that office from August 2010 to sometime in 2012, during the time of M.B. Umar.

    Trial judge Justice Okon Abang adjourned to April 19 for further cross-examination of Yishau by the defence.

     

     

  • Witness: I handed N558.2m NAF funds to Badeh monthly

    A former Director of Finance and Accounts of the Nigerian Air Force (NAF), Air Commodore Aliyu Yishau (rtd), told a Federal High Court yesterday in Abuja that he handed the dollar equivalent of N558.2 million monthly to ex-Chief of Defence Staff, Air Chief Marshal Alex Badeh.

    When asked yesterday whether he knew if Badeh was always in receipt of the money, Yishau declared that he always handed the money to Badeh in person. He, however, said he did not have personal records of the transaction, but that all records in relation to the money handed to Badeh, while he (the witness) was in office, were with NAF’s Finance Officer, Group Captain Sini.

    Yishau, who retired in December 2013, said Badeh benefited from the practice of setting aside N558.2 million monthly from the remnant of NAF staff salary funds for the use of the chief of Air Staff from October 2012 (when Badeh became chief of Air Staff) to December 2013 (when the witness retired from service).

    “I always collect the dollar equivalent of N558.2 million from Group Captain Sini and hand them to the 1st defendant (Badeh),” Yishau said, in response to a question from Badeh’s lawyer Akin Olujinmi (SAN), yesterday.

    Badeh and a firm, Iyalikam Nigeria Limited, are being tried at a Federal High Court in Abuja on a10-count charge of money laundering, in which the ex-chief of Defence Staff is accused of diverting N3.97 billion belonging to NAF, which he used in acquiring property, using the firm.

    Yishau, the first prosecution witness, earlier testified that he assisted Badeh to divert N558.2 million, which he always converted to dollar before handing same to Badeh at his official residence as COAS between September 2012 and December 2013.

    Yishau said the N558.2 million is what was left after salaries and allowances of permanent and temporary staff have been defrayed from the N4 billion received monthly by NAF in its Personnel and Emolument Account.

    He admitted assisting Badeh to acquire and develop landed property in Abuja with the N558.2 million taken monthly from the NAF Personnel Emolument Account.

    The witness told the court that before becoming the chief of Air Staff, Badeh served as director of Policy and Plans of the NAF, whose responsibilities include preparing NAF’s annual budgets.

    “In my statement to the EFCC, I said Air Marshal M.D. Umar (Badeh’s predecessor as chief of Air Staff) purchased a house in Kano at N250 million. I also said M. B. Umar purchased another house in Mabushi between N350 million to N450 million. I equally stated that he (Umar) bought a house in Kaduna worth N80 million and reconstructed it with N75 million, making N155 million. He (Umar) equally acquired another house in Maitama worth over N500 million.”

    On how he knew about these transactions, the witness said he was instructed by Air Marshal M.D. Umar to facilitate the purchase of those property.

    “The first house was not paid for by me. Payment for the second, third and fourth property were made by me,” he said.

    On how he paid the N558.2 million, he said it was always exchanged into dollars for transfer to Badeh.

    Yishau said: “During the period of Umar, it was Group Captain Bukar, who was involved in exchanging the N550.2 million into dollars. Group Captain Bukar is still in service. He was removed from the office, where he was involved in exchanging the currency because he was posted on foreign assignment.”

    He added that on his resumption as the chief of Air Staff, “the 1st defendant (Badeh) directed me to post Group Captain Sini to take over the office of Group Captain Bukar and that responsibility. Group Captain Sini has a junior officer by name, Squadron Leader Abu, who normally assists him in running the Finance Office at the Air Force headquarters”.

    On whether he knew how the money was exchanged, he said “mine was to give instructions to Command Finance Officer, who was reporting directly to me. Air Chief Marshal Badeh was not exchanging the money personally, but was given the dollar equivalent.”

    “I remember that the 1st defendant (Badeh) was appointed chief of Air Staff on October 4, 2012 and assumed office on October 8, 2012.”

    On whether he remembered the exact amount in dollars, he claimed he always handed to Badeh, the witness said he could not remember.

    He added: “My Command Finance Officer, Group Captain Simi has all the records of the money I have given to Air Chief Marshal Badeh. I was the one collecting the money to give to the chief of Air Staff. I was the one that gave the money to him (1st defendant).

    “I do not have any record that he received these monies from me which I gave him between October 2012 and December 2013,” the witness said.

    He said he could not remember when Group Captain Simi was brought to Command headquarters

    He said he brought the issue of N90 million, used for furnishing the house Badeh bought for his son (Alex Badeh Jr.), for the first time in court because he was not asked by the EFCC how much was used to furnish it.

    When asked whether he was compelled to make statements to the EFCC, Yishau said the statements he made to the EFCC were his and that he made them on his free will.

    At a point, Olujinmi gave the witness his statement dated February 4 and drew his (witness’) attention to pages 86 to 90 where he wrote that part of the dollars so exchanged were used to pay estacode of officers, for aircraft repairs and repairs of NAF health centres in some states.

    Based on what he wrote on those pages, Olujinmi asked him where he got the N558.2 million he claimed to be giving Badeh monthly when he wrote that the money used for the expenses he referred to in his statement was from what was left of salaries.

    Yishau explained that he meant the money left after payment of salaries, which the N558.2 million that was usually set aside for the Air Chief of Staff was also part of.

    On whether he knew how the NAF budget was computed, Yishau said “the budget office of the Air Force was under the director of Account and Finance, so I did not know what was going on at that time in respect of budgeting and budget collation.

    “The responsibility of budgeting for the Nigerian Air Force was under the director of Policy and Plans. And the 1st defendant, Air Chief Marshal Badeh, was in charge of that office from August 2010 to sometime in 2012, during the time of M.B. Umar.

    Justice Okon Abang adjourned to April 19 for further cross-examination of Yishau by the defence.

  • N558.2m monthly diversion in NAF predates Badeh, says witness

    N558.2m monthly diversion in NAF predates Badeh, says witness

    A Federal High Court in Abuja heard yesterday that the monthly diversion of N558.2 million from the salary account of the Nigeria Air Force (NAF) predates the former Chief of Air Staff, Alex Badeh.

    A ex-Director of Finance and Account of NAF, Air Commodore Aliyu Yishau (rtd), told the court that the practice had become a tradition in NAF and that he served Badeh’s predecessor, Mohammed Dikko Umar, who equally benefited from the diversion.

    Yishau, who testified yesterday in the trial of Badeh, said the diversion was always done under the sub-head:”General Administration of the Chief of Air Staff.”

    Badeh and a firm, Iyalikam Nigeria Limited, are being tried on a 10-count of money laundering, in which the ex-COAS is accused of N3.97 billion belonging to NAF, which he allegedly used in buying property through the firm.

    Yishau testified that he assisted Badeh to divert N558.2 million, which he always converted to dollar before handing same to Badeh at his official residence all through his time as COAS between September 2012 and December 2013.

    Yishau said the N558.2 million is part of what was left after salaries and allowances of permanent and temporary workers have been defrayed from the N4 billion received monthly by NAF in its Personnel and Emolument Account.

    Yishau said NAF received monthly allocations in its Capital Vote account with the Central Bank of Nigeria in Lagos; the Overhead Vote account with Zenith Bank Plc and Personnel and Emolument Vote account with UBA.

    He admitted assisting Badeh to acquire and develop a land in Abuja with the N558.2 million taken monthly from the NAF Personnel Emolument account.

    Yesterday Yishau, who was cross-examined by lawyer to Badeh, Akin Olujinmi (SAN), said the N558.2 million was usually set aside from NAF headquarters at Mogadishu Barracks.

    “He (Badeh’s predecessor, Umar) was aware of it and he controlled the expenditure from the balance of N558.2 million.

    “The practice of setting aside the N558.2 million had been there before I became director of Finance and Account of the Nigeria Air Force. I did not know how the previous administrations before Air Chief Marshal Umar were using the money,” he said.

     Yishau said he, at no time specifically advise Badeh on the N558.2 million, which was usually set aside as “General Administration of the Chief of Air Staff” when Badeh assumed office.

    ”I gave the Chief of Air Staff, Air Chief Marshal Alex Badeh, a complete brief of the financial position of the Nigeria Air Force when he was appointed chief of Air Staff,” he said.

    The witness said Badeh became chief of Air Staff in September 2012. But Olujinmi faulted the claim, saying his client was appointed on October 4, 2012, but took office on October 8, 2012.

    Earlier, Justice Okon Abang acceded to a request by Olujinmi to do away with the aspect of his ruling requiring the prosecuting agency, the Economic and Financial Crimes Commission (EFCC), to confirm some documents submitted in respect of the bail granted Badeh.

    The judge, on March 10, granted Badeh N2 billion bail, with two sureties at N1 billion each, among other conditions. The judge requested the EFCC to confirm and verify the documents submitted by the defendant.

    Unable to perfect the bail on time, Badeh applied to the court for a verification of the bail conditions.

    Yesterday, Olujinmi elected to withdraw the application for the variation of bail conditions. He said his client was able to meet the bail conditions, but the EFCC failed to play its role by verifying his client’s documents within 24 hours.

    Olujinmi urged the court to do away with the role the EFCC ought to play, since it was unable to do so within the time allocated to him.

    Justice Abang agreed with Olujinmi and agreed to sign Badeh’s bail documents.

    He endorsed the documents around 5 pm yesterday after the court had risen.

    The case has been adjourned till April 8.