Alleged N3.9bn Fraud: Court Adjourns Alex Badeh’s Case

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Alleged N3.9bn Fraud: Court Adjourns Alex Badeh’s Case

Court Adjourns Alleged N3.9bn Fraud Case Involving Alex Badeh

File photo: Late Alex Badeh (middle)

A Federal High Court in Abuja has adjourned the alleged N3.9 billion fraud case involving the late former Chief of Defence Staff, Air Chief Marshal Alex Badeh.

Justice Okon Abang adjourned the case at the resumed sitting on Wednesday, the Economic and Financial Crimes Commission (EFCC) said in a statement.

The anti-graft agency had closed its case against the late defence chief and a company with whom he was standing trial – Iyalikam Nigeria Limited, on in October 2018 after calling 21 witnesses.

Badeh’s counsel, Akin Olujimi, at the resumed sitting informed the court of the death of his client which he described as a “shock”.

He said that the unfortunate incident deprived the former defence chief the opportunity to “let the world know that he did not commit the offence” with which he was charged.

“When a defendant to a crime has passed on, the litigation against him must terminate,” said the lawyer who stressed that his late client would have been able to disprove the allegations against him.

He went on to apply for an adjournment pending the burial of Badeh and informed the court that the prosecution and defence teams were making arrangements to meet, regarding how to proceed with the matter.

A Senior Advocate of Nigeria and counsel for the company, S. Ologunorisa, supported Olujimi’s submission and urged that the matter be adjourned till a later date to honour Badeh.

He also asked the court to “vacate the other dates earlier scheduled for hearing”.

The prosecuting counsel, O. Atolagbe, who condoled with his colleagues said although the demise of the first defendant was public knowledge, it was essential for the defence to furnish the court with a death certificate.

He, however, asked the court to discountenance the submission of Olujimi in respect of the first defendant’s ability to disprove the allegations against him, stating that the submission was “unnecessary” given the circumstances.

While he did not raise any objection to the application for adjournment, Atolagbe confirmed that moves had been made towards setting up a meeting between both parties to decide in which direction the case would go.

He said it was impractical to hinge the next adjournment on Badeh’s burial, noting that Olujimi had not indicated when the burial was likely to take place.

The prosecuting counsel then urged the court to adjourn till “a more practical date”.

In his response, Olujimi argued against the need for a death certificate, citing the case of Osafile v. Odi (1990) 2 NLWR (Pt.137).

“In such a matter of public knowledge which the court itself as a member of a community is aware of, there is no need for any evidence. The court will simply take judicial notice of the matter,” he stated.

After listening to the arguments, Justice Abang held that it was unnecessary for the counsel to the first defendant to tender a death certificate.

He explained that this was because the death of the first defendant was public knowledge and the court was aware.

“He (Badeh) was humble and peaceful. He would always stand, waiting in the dock, until the court would order him to sit. He attended proceedings at all times and always present in time,” the judge said.

“He never asked for frivolous applications or wasted the court’s time, complying at all times with the court’s rules. May his soul rest in peace”.

Justice Abang thereafter adjourned till February 26, to enable parties know how to proceed with regards to the defence of Iyalikam Nigeria Limited.

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