A federal high court in Abuja has struck out the bail
application by Alex Badeh, former chief of defence staff, who is currently in
custody of the Economic and Financial Crimes Commission (EFCC). Read more at:
James Tsoho, a judge, held that since there was a subsisting
remand order, which has not been set aside by a magistrate court in Lagos, he
would not give an order for the release of the applicant.
He explained that Badeh only filed an application for bail, and
not an application to set aside the order of the magistrate court which the
anti-graft agency procured to keep him in custody.
Badeh has been in the custody of the EFCC since February 8 for
his alleged role in the $2.1bn arms scandal. Last Monday, Tsoho reserved March
4 to rule on a bail application filed by Badeh.
Tsoho, reserved the date after counsel to parties made
submissions for and against the motion. “I have heard the arguments of parties
made in favour and against this application. The court has reserved March 4 to
deliver its ruling,’’ he had said. Samuel Zibiri, counsel to Badeh, brought the
application pursuant to sections 35 (4) and 36 (5) of the 1999 constitution.
Zibiri also hinged the application on sections 158, 162 and 165
(2) of the administration of the criminal justice act. The applicant’s counsel
had sought the order of the court to admit Badeh to bail on self-recognition or
on liberal terms pending his arraignment by the anti-graft agency.
He argued that the
application was based on the ground that the applicant had voluntarily honoured
the invitation of the EFCC on February 8. Zibiri also submitted that the
applicant had been detained for more than the period required by the
constitution without trial. He also argued that the allegation for which the
applicant was being held was bailable, contending that the applicant would not
jump bail or escape justice when admitted to bail.
On whether the court had the jurisdiction to entertain the
application in view of the fact that the applicant was now being held in Lagos,
Zibiri answered in the affirmative. “My Lord, there is no question about
whether the court has jurisdiction or not. The federal high court is one and
the EFCC is equally one,” he said.
“The applicant was originally invited and interrogated in the
Abuja office of the commission but was later moved to Lagos for further
interrogation. “Just as the court in Lagos admitted him on bail with stringent
measures few days ago, the EFCC approach a magistrate court for detention
warrant.” However, Cosmos Ugwu, counsel to the EFCC, opposed the application,
saying the commission should be allowed to complete its investigation.
Ugwu argued that the
applicant’s current detention in Lagos was not related to the earlier issues
that led to his invitation and subsequent detention in Abuja. Badeh was to be
arraigned before Okon Abang, a justice of the federal high court, Abuja, on
Thursday, but the case was shifted to March 7 owing to the absence of the
judge.
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