How Badeh bought Fayose's land for N650m: Contractor
A prosecution witness, Mr. Mustapha Yerima, narrated to a Federal High Court in Abuja on Monday, how a former Chief of Air Staff, Air Chief Marshal Alex Badeh (retd.), acquired a N650m plot of land in Abuja for the construction of a shopping mall.
Yerima, a contractor and the fourth prosecution witness in Badeh's ongoing trial, also told Justice Okon Abang, how he helped the Air Force boss to build the shopping mall on the land located along Aminu Kano Crescent, Abuja.
Led in evidence by the prosecuting counsel, Mr. Rotimi Jacobs (SAN), the witness said the land acquired by Badeh for the purpose of building the shopping mall was originally owned by Ayodele Fayose (suspected to be the incumbent Ekiti State Governor).
He said Badeh eventually acquired the land from the third buyer.
Yerima said he agreed with Badeh to build the mall for N1.2bn.
He said a former Director of Finance and Accounts of the Nigerian Air Force, Air Commodore Aliyu Yishau (retd.), who had earlier testified as the first prosecution witness (PW1), was the middle man between him and Badeh.
Yishau had testified how he was handing over the dollar equivalent of the NAF's N558.2m monthly to Badeh at the Chief of Air Staff's official residence and also how he helped Badeh to use the money to acquire landed assets in Abuja.
Yerima said on Monday that he received N340m as mobilisation for the job, adding that he received about N860m directly from the account of the Nigerian Air Force as part of the payment for the construction of the mall.
The Economic and Financial Crimes Commission is prosecuting Badeh alongside a firm, Iyalikam Nigeria Limited, on 10 counts of money laundering bordering on alleged fraudulent removal of about N3.97bn from the Nigerian Air Force's account.
The anti-graft agency accused Badeh of using the funds to buy and develop landed assets in Abuja for himself and two sons between January and December 2013.
Yerima said on Monday that he paid the N650m for the land in cash on behalf of Yishau, who was allegedly acting for his boss.
The witness said, “Sometime around 2013, I got information that the Nigerian Air Force, through the Directorate of Works and Nigerian Air Force Property Limited was shopping for vendor who could partner them for construction of a conference centre.
“While we were finding out the nature of the job, I got to understand that they are looking for technical assistance. Life Builder was a young company at that time so I decided to contact a friend of mine who was also a contractor.
“Then, Air Marshal (Dikko Umar) was the Chief of Air Staff.
“A year into the project, there was a change of command and Air Chief Marshal Badeh became the Chief of Air Staff. While on his official tour, carried out by the Nigerian Air Force, he visited our site, which was Nigerian Air Force Conference Centre. We took him round the project and we showed him all the facilities.
“Soon after he left, some few weeks or months, the Director of Finance, Air Commodore Yishau (PW1) approached me and said his boss was very pleased with our job and said his boss wanted to give us a job. Then he scheduled a meeting.
“Then he told me the nature of the job that it was the construction of a mall. Soon after that, Yishau called me again that they were ready to embark on the project that we should look for a commercial plot within the city centre.
“Before we could find one, Yishau called that they had found one along Aminu Kano Crescent. Then he engaged us to negotiate for the land. He gave us a copy of the C of O (Certificate of Occupancy).
“I got to know that the land was in the name of one Fayose Ayodele. Soon after, we tried to contact the owner. Yishau called again that they had found the person who bought the land from Mr. Ayodele Fayose.
“Then we contacted the person, one Mr. Tony (I can't remember the other name). He is the owner of Itex Furniture. We got to him and we realised that he sold to the third party by the name Kasagro Investments Limited. We got to Kasangro Investments Limited; he then named his price, N650m.
“Then we went back to Air Commodore Yishau to tell him the price. Then, he called us and gave us N650m (dollar equivalent) because Kasagro insisted on cash payment. We then took the money to his office. He confirmed and gave us all the original documents for the land.
“I then called Air Commodore Yishau to ask for which name the deed of assignment and (in which the) power of attorney should be executed and Yishau told me to execute the documents in the name of my company, that is – Life Builders Technologies, – which would later be transferred to another company after he had discussed with his boss, in the person of Air Chief Marshal Badeh.
“We did exactly as he said because at that time, our interest was to construct the shopping complex. We then handed over the land's original documents to Air Commodore Yishau.”
Yerima said he requested N408m for mobilisation for the job but that he was paid about N340m.
He said he was subsequently paid a cumulative of about N860m or N880m directly from the account of the Nigerian Air Force.
He said Yishau retired from service in the middle of the project.
The witness added that Badeh and Yishau then introduced him to the Air Force chief's son, Alex Badeh (Jnr.), as the person that would be overseeing the project.
The witness said the younger Badeh later requested an alteration to the fifth floor which was the penthouse, for the purpose of turning it into a restaurant.
According to Yerima, the cost of the alteration was put at about N17m.
He said he subsequently received payments from a third party which the younger Badeh allegedly confirmed was paid on his instructions.
The witness said, “While we were constructing the project, Air Commodore Yishau called us for a meeting that our payment would be coming from the Air Force. He then introduced me to one Air Commodore Sini, who happened to be the CFO (Camp Finance Officer), who was in charge of payment.
“Soon after that, we started receiving the payment from Nigerian Air Force. We were paid a total of about N860 or N880m from the purse of the Nigerian Air Force.
“We couldn't do much at that time because there was constraint of money. After so much argument, he said he was going to schedule a meeting between us and Air Chief Marshal Badeh. We couldn't meet him then before he retired. One day, Air Comodore Yishau called me and said I should see him at the official residence of the Chief of Air Staff.
“Upon getting there, I met Air Commodore Yishau and Air Chief Marshal Alex Badeh. Air Chief Marshal Badeh asked me why the project could not be completed on time. I explained everything to him. I brought out a bill which I had with me.
“Then, he said they would provide the fund, but that I should state when I would complete the project. So, I told them that as soon as the payment was made, we would draw the programme of work to know when precisely I could hand over the work.
“Then I left. Two days or a week later, Air Commodore Yishau told me that we were meeting again, this time with Alex Badeh (Jnr.) in Air Commodore Yishau's residence.
“Air Commodore Yishau told me that since he had retired, he would not be travelling frequently to Abuja, that Alex would be overseeing the project. That was when Alex Badeh (Jnr) brought in his request that he wanted to use the fifth floor, which is the penthouse, for a restaurant. Alex said we should carry out some modifications.
“After that, we brought him a bill of N17m plus to do the modification. After that, payment started coming from a third party.
His testimony was cut short by the judge who said he needed to attend to other cases.
Justice Abang then adjourned till Tuesday for Yerima to continue his evidence-in-chief.
The Punch