Badeh
Legal experts have argued that the federal government is at liberty to
carry on with the prosecution of the late former Chief of Defence Staff, Air
Chief Alex Badeh if the former has strong evidence against him and others
allegedly involved in the matter.
Badeh, until his death, was standing trial in a 10-count charge of money
laundering, criminal breach of trust and corruption to the tune of
N3.97billion.
He was accused of abusing his office as CDS, by using the dollar
equivalent of the sum of N1.4 billion, allegedly removed from the accounts of
the Nigerian Air Force, to purchase properties in choice areas of Abuja between
January and December, 2013, an offence that contravened Section 15 (2)(d)
of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable
under Section 15(3) of the same Act.
The
trial proper
While the trial lasted, various witnesses came forward to testify on how
the late air chief allegedly used the money on some choice properties,
including building churches and mosques.
For instance, a prosecution witness, John Okpetu, it would be recalled,
had told the Federal High Court, Maitama, Abuja, presided over by Justice Okon
Abang, how his company, Havco Nigeria Limited, was paid N100 million to build
churches, a mosque and a civic centre in Bintin, village of the late
former CDS, in Adamawa state between 2008 and 2012.
Led in evidence by counsel to the Economic and Financial Crimes
Commission, Rotimi Jacobs, SAN, the witness said: “I constructed a village
house for the first defendant, Alex Badeh, between 2008 and 2012. The fixings,
features and painting were done in 2012. We also built a mosque opposite the
house.
“After the construction of the house, a thanksgiving service was held.
We (Havco) renovated the church where the thanksgiving took place. My
company was also given the responsibility to provide tables and chairs for the
thanksgiving.
“Apart from the village house, we built a mosque, two churches and a
civic centre for skills acquisition in Bintin village. All these cost
N100million. I was paid in three installments of N40million, N30million and
N30million,” Okpotu had testified.
But when he came under cross-examination from Badeh’s counsel, Akin
Olujimi, SAN, the prosecution witness claimed he was not psychologically
stable when he made his statement at the EFCC, thus forcing Jacobs to swiftly
counter.
And with the prosecution closing its case on November 29, 2018, the
trial court ruled that the accused person should open his defence on January
16, 2019.
The
murder
However, some 30 days to opening his defence, the former defence chief
was allegedly killed by gunmen along Keffi-Abuja Road while returning from his
farm, thus raising posers on whether or not the case could further be pursued.
In separate interviews with Blueprint, Mr.
Israel Olorundare, and Chief Nyi Akintola, both Senior Advocates of Nigeria,
argued that the federal government could push on with the matter if there are
strong evidences of certain misdeeds against the deceased defendant.
Olorundare said: “Yes, when you are pursuing somebody and in the
course of that pursuit, the person drops dead, what do you do? You forget about
it. That is it. But, there are other dimensions to it. If the government is
convinced it has enough evidence, then it can as well push on with the trial.”
Also making similar submissions, Akintola submitted that “there is
nothing the government can do about it. Can you try the dead? Common sense will
indicate that as long as Badeh is concerned, the case is dead.
“However, if there were some people accused of conspiring with him at
the time, the government can proceed against those suspected conspirators. If
his income does not justify his estate, they can go after his property too. If
they are found involved in conspiracy or concealment, they can be charged with
accessory after the fact.
“In other words, his death does not absolve the suspected conspirators
or and accomplices. You can be an accomplice before or after the fact. All the
conspirators can still be brought to book. That is talking legally.”
Similarly, another SAN who craved anonymity, insisted government
can go after the deceased person’s estate.
According to the source, “where there are solid grounds, his estate can
be pursued. The government can say that our money is with him, just as the
person you are owing before something untoward happens to you can say that my
money is with you, I can pursue you.
“So, if the government is of the view that its money is with him, the
money could be recovered from his estate. If it were to be something like libel
now, one can say that it is a personal thing and that the charge has died with
him. In as much as the criminal aspect is dead with the dead person, if the
government has a good ground, his estate can be pursued to recover the money.”
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