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 Nations
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