Dasukigate: Ex-cds, Badeh Begs Court To Order Efcc To Release Him Over Ill Health
SAN FRANCISCO, March 01, (THEWILL) – Embattled former Chief of Defence Staff, CDS, Air Chief Marshal Alex Badeh (rtd), has appealed to the Federal High Court sitting in Abuja to grant him bail from detention, informing the court that his health has deteriorated badly owing to his continued incarceration.
Badeh is being detained in Lagos by the Economic and Financial Crimes Commission, EFCC, since February 8, 2016, when he was invited by the anti-graft agency for questioning.
However, in a bid to secure bail, Badeh, through his legal team led by Chief J.K. Gadzama, SAN, and Samuel Zibiri SAN filed an application, dated February 15, which was brought pursuant to 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.
By the application, Zibiri is praying the court for an order admitting Badeh to bail on self-recognizance, or on such favourable and liberal terms as the court may deem fit to make in the circumstances of the case pending further investigation by the respondent and/or arraignment before this court.
Zibiri said the application was based on the grounds that the applicant voluntarily went on the invitation to the office of the respondent, EFCC on February 8, and was subsequently detained by the respondent after several hours of interrogation and compelled to write a bulky statement.
He argued that the alleged case of fraud for which the applicant was invited is ordinarily bailable and that the applicant has no criminal antecedents or records.
“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 defence counsel argued.
While opposing the application, counsel to the EFCC, Cosmas Ugwu, told the court that Badeh had not even made any effort to secure bail in Lagos, where he was presently being detained.
“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,” he argued, even as he 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.
The prosecution counsel consequently urged the court to dismiss the application filed by the defence lawyer.
In the mean time, Jusice John Tsoho has fixed March 4 for ruling.