Tag: Badeh

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.

The prosecution in the case involving former Chief of Air Staff (COAS), Alex Badeh opened its case yesterday with a witness, who gave details of how he aided Badeh to divert N558.2 million monthly from the Nigerian Air Force’s Personnel and Emolument Vote Account with the United Bank for Africa (UBA).

The witness, Air Commodore Aliyu Yishau (rtd), who said he served as former Director of Finance and Account of the Nigerian Air Force (NAF), while Badeh was CAS, said the diversion lasted between September 2012 and December 2013.

Yishau mounted the witness box after Justice Okon Abang agreed to hear Badeh’s fresh motion at a later date. Badeh is, by the new motion filed by his lawyer, Akin Olujinmi (SAN), challenging the court’s jurisdiction and the competence of the charge against him.

Led in evidence by lead prosecution lawyer, Rotimi Jacobs (SAN), Yishau said he routinely assisted Badeh to divert money which he converts to dollar before handing same to Badeh at his official residence.

He said the 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 the Personnel and Emolument Vote account with the UBA.

The witness said he assisted Badeh to acquire and develop landed property in Abuja with the N558.2 million taken monthly form the Personnel Emolument account. He said the money formed part of the leftover after salaries and allowances of workers had been defrayed from the N4 billion received monthly.

He said the monthly movement of the dollar equivalent of N558.2 million to Badeh was not documented because it was not the practice in the military to request a written agreement.

His words: “Although, I cannot remember the figure each year, we received a little about N4 billion monthly for the personnel emolument allocation account. However, our total wage bill as at that time was above N2 billion monthly.

“The balance of the personnel emolument was usually about N1.6 billion to N1.7 billion, depending on the month. Of this amount, N558, 200,000 was for the monthly general administration of the Chief of Army Staff.

“As the Director of Accounts, I would instruct the finance officer at the headquarters of NAF camp, Abuja and after the money is changed, I would take it to Air Chief Marshall Alex Badeh at his official resident in Niger Barracks.

“As military officers, we don’t request for any agreement. However, in some case, I told the finance officers to meet me at the Air House in Niger Barracks with the money so that he can see when I handed over the money to Badeh.

“The instruction for conversion is not in writing. The Chief of Air Staff does give many instructions that are not in writing. The only instructions that were in writing were those requests forwarding instructions from branches and units for approval. When the approvals are given, they are forwarded to my office for necessary payment action.”

The witness denied benefiting directly from the money but that Badeh helped him to complete the houses he was constructing in Abuja and Kaduna, which the Economic and Financial Crimes Commission (EFCC) has temporarily attached.

Yishau said Badeh was the second CAS he served as the Director of Finance Accounts and that Badeh’s predecessor, M.D Umar was still being investigated by the EFCC. He said Badeh provided the dollar equivalents for the purchase of the various property which he assisted him to locate in various parts of Abuja.

“Sometimes in January 2013, the then Chief of Air Staff, asked me to get him a good house in Maitama, where he wants to retire in. I have a friend who was into property, Hussein Umar and I contacted him. Umar said the house he got was N1.1 billion and I told Air Chief Marshal Badeh, which he agreed to pay.

Yishau said Badeh paid another N260 million to purchase a duplex at No. 19 Kumasi Crescent, Wuse II, Abuja for his first son, Alex Badeh (Jnr), N60 million to renovate it and another N90 million to furnish it.

Badeh, he added, bought a commercial plot of land at Plot 1386, Oda Crescent Cadastral Zone A07, Wuse II, Abuja for N650 million and paid N878 million for the construction of a shopping mall at same address and another N304 million to complete the plaza.

Yishau told the court that Badeh paid N330 million to Honourable Bature for a duplex at No. 14 Adzope Crescent, Off Kumasi Crescent, Wuse II, Abuja and also paid N240 million to Rabiu Isyaku Rabiu to buy a semi-detached duplex at No. 8A, Embu Street, by Sigma Apartment, Wuse II, Abuja, for another of his son, Kam. He said the property at No. 2 Nelson Mandela Street Asokoro, Abuja was renovated with N62 million.

As the witness spoke, Badeh wrote intermittently on a plain sheet.

Badeh and a firm, 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.

Although the court later granted him bail at N2 billion with two sureties at N1 billion each, it was learnt yesterday that he was yet to meet the bail conditions.

Justice Abang adjourned till March 23 for continuation of trial.

The Economic and Financial Crimes Commission (EFCC) told a Federal High Court yesterday that it will tender the $1million its agents allegedly recovered from the Abuja home of former Chief of Defence Staff (CDS) Alex Badeh.

Prosecution lawyer Rotimi Jacobs (SAN) said this while arguing his counter-affidavit to Badeh’s bail motion. Badeh insists no cash was recovered from his home.

He was arraigned before the court on March 7. Also arraigned was  a firm, Iyalikam Nigeria Limited, on a 10-count charge of breach of trust and corruption.

Although Badeh’s lawyer, Samuel Zibri (SAN), denied that money was recovered from his client’s house, Jacobs insisted that he will produce the cash as exhibit before the court next week when the trial begins.

“About N5b is involved in this case. We even saw part of the money in the house, to make matters worse. We will bring the $1m here as exhibit,” Jacobs said while opposing bail to Badeh.

Justice Okon Abang, however, granted him bail.

The judge rejected Jacobs’ objection and held that the grounds on which the prosecution opposed the bail could not overrule the presumption of innocence granted a defendant in a criminal case, as provided under Section 36(5) of the Constitution.

“In the final analysis, and having regard to the amount in the charge, though still in the realm of allegation, the 1st defendant is admitted to bail at N2b and two sureties at N1b each,” Justice Abang said.

He added that each of the sureties must possess landed property in the Federal Capital Territory (FCT), which must be valued at N1b.

The judge said the sureties must submit documents in respect of the property to the court after the court’s registrar and the EFCC must have verified their validity.

The sureties are to swear to affidavit of means while Badeh is to deposit his international and official passports with the court.

The prosecution had, while opposing the bail, accused Badeh of aiding the escape of his wife and son Alex Badeh Jr, who are allegedly linked to the crime for which the ex-CDS is being tried.

An EFCC detective, Yusuf Kassim, said in an affidavit supporting the prosecution’s counter-affidavit, that Badeh’s purported act clogged  government’s anti insurgency efforts.

Kassim said: “That the properties referred to were purchased by the applicant through his cronies, agents with the funds released to his office for the fight against insurgency

“Some of the moneys were converted to dollars before being used to purchase the properties so as to disguise the origin of the funds.

“Our investigation also revealed that some of the close associates of the applicant including his wife, son and daughter who also linked with the crime being alleged have all absconded from jurisdiction with the assistance of the applicant so as to avoid being prosecuted.

“In the course of our investigation, Alex Badeh Jr, the son of the applicant, made his statement with the commission and was allowed to go home while he was asked to report back later, but he absconded from jurisdiction with the connivance of the applicant herein and he is now at large.

“Our Lagos office is also investigating the applicant in relation to over N4b he obtained from the Nigerian Maritime Administration and Safety Agency (NIMASA) under fraudulent circumstances.

“The offences being alleged against the defendant border on economic sabotage that strikes at the very foundation of the well-being and existence of Nigeria.

“The security of the Nigerian nation was compromised and the lives of innocent Nigerian soldiers in the battlefront against terrorists were endangered on account of diversion of the funds meant for the security of the nation by the applicant,” Kassim said.

Justice Abang has  adjourned till Monday for the commencement of trial.

THE counsel to former Air Chief Marshal Alex S. Badeh (rtd), Samuel O. Zibri, SAN, has refuted the media reports that the sum of $1,000,000 cash was recovered in the house of his client.

A statement issued yesterday by Zibri, on behalf of Badeh, said: “The said publication is not only malicious but wicked. It is totally false and smacks of media campaign of calumny against the person of Air Marshal Alex. A Badeh (rtd).

“The 10-count charge against our client along with the proof of evidence in the Federal High Court are public documents and can be accessed by the general public.

“There is no such allegation and we challenge the faceless EFCC (Economic and Financial Crimes Commission) official to substantiate his claim.

“The trial has commenced and as a law-abiding citizen, our client will defend himself in accordance with the law.”

There is no end in sight yet for the detention of the immediate past Chief of Defence Staff Alex Badeh after a  Federal High Court in Abuja yesterday  dismissed his  application for bail.

Justice James Tsoho upheld the submission  by the Economic and Financial Crimes Commission (EFCC) that Badeh’s detention was on the  subsisting order of a court.

The EFCC had, at the hearing of the application, told the court that Badeh was initially held in its Abuja facility, in connection with  his alleged diversion of about N4billion, while serving as Chief of Air Staff in 2013.

The commission said it granted Badeh an administrative bail, but was in the process of perfecting the bail when it (EFCC) discovered Badeh’s alleged involvement in another alleged fraud in the Nigerian Maritime Administration and Safety Agency (NIMASA).

The EFCC said it consequently moved Badeh to Lagos for investigation into the NIMASA case and duly obtained an order of remand him till March 23 from a Chief Magistrate’s court in Lagos.

It said Badeh’s detention was on the strength of the order of remand by the Lagos Chief Magistrate’s court.

Badeh, in his application, faulted his detention, arguing that the order for remand was wrongly obtained. He argued that the administrative bail granted him by the EFCC was too stringent to meet. Badeh also claimed to be ill.

Ruling, Justice Tsoho held that though Badeh sought bail, his true intention was for a determination of whether or not the remand order was validly made and for a review of the conditions of the EFCC administrative bail granted him, but which he could not meet.

The judge was of the view that since Badeh did not apply for a judicial review of the decision of the Lagos Chief Magistrate’s court, the legitimacy or otherwise of the order for remand could not be determined.

His words: “It is obvious, therefore, that the respondent (EFCC) did not actually deny bail to the applicant, except that the applicant could not meet the conditions imposed. It is absurd that the respondent, having granted the applicant bail, is now opposed to his application for a review of the bail application.

“It is, however, discerned by this court that this position (by the respondent) was informed by the new development in its investigation. It was deposed to in paragraphs seven to 10 of the counter affidavit that it was at the verge of refusing the applicant’s bail terms when it  discovered another grave suspicion of fraudulent conversion and money laundering, amounting to N1.8billion in NIMASA, involving the applicant.

“It is stated in the counter affidavit that with the new discovery, it was imperative for the applicant to be transferred to Lagos in furtherance of the investigation, and that pursuant to this, the respondent obtained a remand order from the Magistrates Court of Lagos State, authorizing the respondent to keep the applicant in custody pending the completion of investigation.

“It is noteworthy that the respondent’s disclosure as to the new development in the investigation of the application has neither been denied nor challenged by the applicant. In the course of the hearing of this application, the applicant’s counsel did tell the court that the applicant was granted bail by the respondent, in Lagos, but that the conditions were onerous.

“It is my humble opinion that by virtue of the remand order issued by the Chief Magistrate’s Court, Lagos, this matter has assumed a different dimension, beyond the mere application for bail as presented before this court. Rather, the bone of contention should be the question of the legality or otherwise of the remand order.

“In the circumstances, I hold, with due respect, that elaborate submissions of counsel to the parties as to the general principle regarding the grant of bail, with copious references to list of authorities, are misplaced.

“There is thus, left for the pronouncement of this court, a narrow question whether, in view of the remand order issued by the Magistrates Court, Lagos, this court can still grant the order sought by the applicant.

“To make pronouncements on the legality or otherwise of the remand order, there must be an application for judicial review. This is an application for bail.

“The law is that an order of a court remains subsisting until set aside following due process.

“Proper machinery has not been put in place for interference with the order made by the Chief Magistrate’s Court. The application fails and it is hereby dismissed.”

THE absence of Justice Okon Abang of the Federal High Court, Abuja, yesterday, stalled the planned arraignment of former Chief of Defence Staff (CDS), Alex Badeh.

The judge was said to be outside Abuja on an official assignment. The arraignment has been rescheduled for March 7.

Badeh was to be arraigned on a 10-count of money laundering, criminal breach of trust and corruption.

The Economic and Financial Crimes Commission (EFCC) accused him of diverting about N4 billion from the accounts of the Nigeria Air Force (NAF) in buying choice property in Abuja for himself and his son, Alex Badeh Junior.

Badeh is said to have committed the offences in 2013 while serving as the chief of Air staff. Badeh and a firm, Iyalikam Nigeria Limited, are named as defendants in the suit.

He was also accused of spending about N400 million to buy renovate and equip a duplex at No. 19 Kumasi Crescent, Wuse II, Abuja, allegedly bought for his son.