Immediate past Chief of Defence Staff (CDS),
Air Chief Marshal Alex Badeh (rtd) has urged the Federal High Court in Abuja to
grant him bail on health grounds.
Badeh has been in the custody of the Economic
and Financial Crimes Commission (EFCC) in Lagos since February 8 when he
honoured the agency’s invitation for questioning.
Badeh is accused of complicity in an alleged
fraudulent transactions involving the Nigerian Maritime Administration and
Safety Agency (NIMASA).
Badeh’s request is contained in a bail
application he filed before the Federal High Court, Abuja.
Yesterday, after hearing arguments on the
application, Justice James Tsoho fixed Thursday for ruling.
Arguing the application yesterday, applicant’s
lawyer Samuel Zibiri (SAN), who filed the bail application dated February 15,
said though the EFCC had granted his client bail, the ex-CDS could not meet it
because of the “onerous conditions” attached to it.
He said his client was recovering from a
recent surgery and also had a history of kidney stone.
Zibiri hinged the application on Section 35(4)
and Section 36(5) of the 1999 Constitution and sections 158, 162 and 165(1) (2)
of the Administration of Criminal Justice Act, 2015.
He urged the court to grant bail to his client
on self recognizance or on such favourable and liberal terms as the court might
deem fit ?to make.
Zibiri equally prayed the court to grant him
bail pending the completion of investigation by the EFCC and/or arraignment
before this court.
Badey’s lawyer argued that the alleged case of
fraud for which his client was invited was a bailable offence.
“There is no reason for, or any likelihood
that the applicant will jump bail, escape from Justice, interfere with
witnesses or investigation if same is still ongoing, or the course of justice
upon his being granted bail.
“The applicant has no criminal antecedent or
records. The applicant owing to his status in the society can be granted bail
on self recognizance, or on the most liberal of terms, as he will be available
to attend any invitation by the respondents at all times.
“That the applicant’s health condition is bad
and he recently had surgery on his spine which requires constant post-operative
follow-up by his physician as well as renal condition which he is currently
undergoing treatment for.”
Badeh, in a supporting affidavit, stated that
“That the applicant was invited by the EFCC vide a letter dated February 1,
2016, to their office at No. 5 Fomella Street, Wuse II, Abuja, on Wednesday,
February 3, 2016, to provide some clarification on connection with their
investigation into an alleged case of fraud.
“That the applicant honoured the invitation at
the scheduled time and date, in company of his legal Representatives led by his
humble self Samuel O. Zibiri, SAN.
“That contrary to the Acting Chairman’s
assurances that the visit was merely routine, the applicant was interrogated
for well ?over nine hours and asked to write a statement which he did and was
thereafter detained and all attempts to secure his release and reschedule another
appointment was thwarted by the respondent.
“That three days after the applicant was
detained, the respondent issued an internal memo dated February 10, the most
onerous and unrealistic bail terms.
“That upon receiving the bail condition all
efforts were made to satisfy same ?by the family and friends of the applicant
who could not satisfy same due to its onerous and unreasonable terns whereupon
he, Mr Zibiri, SAN, wrote a letter for a review of the bail condition for the
applicant.
“That the respondent has refused neglected and
ignored the said appeal and has continued to detain the applicant indefinitely.
“That he is currently recovering from a recent
surgery on his spinal cord for Lumbo-sacral Spondylosis and currently on
medication. He also has a history of Renal Lithiasis (Kidney Stones).”
Zibiri said Badeh’s detention by virtue of a
remand order issued by a Magistrate’s Court in Lagos “is a gross abuse of the
ACJA 2015” insisting he should be granted bail because a Federal High Court is
superior to the magistrate court.”
EFCC’s lawyer, Cosmas Ugwu, in opposing the
application, told the court that Badeh had not made any effort to fulfil the
administrative bail granted him by the EFCC in Lagos.
“He is in custody in Lagos. Abuja is not
holding him, so, the convenient court to grant the applicant bail is a court
within the same territorial jurisdiction,” Ugwu argued.
The EFCC lawyer also informed the court that
Badeh was being held under a remand order issued by a Lagos magistrate court
because he was fingered in the NIMASA fraud allegation.
TheNation
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