Court throws out Badeh’s bail application

A Federal High Court in Abuja, Friday, threw out the bail application filed by the immediate past Chief of Defence Staff (CDS), Air Marshal Alex Badeh (rtd.) as it upheld the objection of the prosecuting Economic and Financial Crimes Commission (EFCC).
Justice James Tsoho, therefore, ruled that the detention of the ex-CDS was backed by a subsisting court order.
The EFCC had, Monday, filed 10 counts of money laundering against Badeh and a firm, Iyalikam Nigeria Limited, accusing them of fraudulently removing N3.97bn from the account of the Nigerian Air Force in between January and December 2013.
Badeh was said to have perpetrated the fraud along with Iyalikam Nigeria Limited while he was the Chief of Air Staff.
Badeh, in his bail application, had faulted his detention by the anti-graft agency, contending that the remand made by a magistrate’s court in Lagos, was wrongly obtained by the EFCC.
He argued that the administrative bail granted him by the EFCC was too onerous to meet. Badeh also claimed to be ill.
But in his ruling, Justice Tsoho held that the court could not on the strength of a mere bail application filed by the ex-CDS, determine whether or not the remand order was validly obtained.
He said 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.
The judge ruled, “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 EFCC had told the court that Badeh was initially arrested in relation to alleged money laundering involving the diversion of about N4bn belonging to NAF, while serving as the Chief of Air Staff in 2013.
The commission stated that it granted Badeh administrative bail, but was on the process of perfecting the bail when it discovered that he was also allegedly involvement in another fraud in the Nigerian Maritime Administration and Safety Agency.
The EFCC said it consequently moved Badeh to Lagos for investigation into the NIMASA case, obtained an order of remand 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.