The federal high court sitting in Abuja, has granted the former chief of defence staff, Air Chief Marshal, Alex Badeh bail in the sum two billion Naira.
Ruling, the presiding Judge, Justice Okon Abang says Mr. Badeh must provide two sureties in the sum N1 billion each and must be residents in Abuja.
Badeh is also required to deposit his international passport at the court.
However, he added that conditions of the bail were influenced by the weight of the charges.
While delivering his ruling, Abang held that the alleged offence is a bailable one, and that Badeh was presumed innocent until he otherwise proved.
Samuel Zibiri, counsel to Badeh urged the court to grant the accused person bail on self-recognition just as Justice Anwuli Chikere of the federal high court, Abuja, did for Abba Moro, former minister of interior, who is facing criminal charges for allegedly scamming job seekers.
He told the court that his client is a “perfect gentleman”, and that he had not “misconducted” himself anyway.
He reminded the court that the EFCC had granted Badeh administrative bail on two occasions, but that he could not meet the bail conditions.
He further reminded the court that the former defence chief had no criminal record in his 35 years of service and argued that his offence is bailable.
Making his submission, Rotimi Jacobs, counsel to the Economic and Financial Crimes Commission (EFCC), asked the court to refuse the bail request, and order an accelerated hearing of the case.
He argued that the evidence against the defendant was strong, revealing that from a property owned by Badeh, the EFCC discovered $1m in cash, hence “he might want to jump bail in order not face this shame”.
Abang had remanded Badeh, who was absent in court on Thursday, in prison pending the determination of his application for bail. He had also dismissed an earlier application for bail filed by Zibiri, on the grounds that it was incompetent.
Zibiri had filed the application on March 2, before the arraignment of his client. But the judge held that it was out of place to file an application for bail before the arraignment of an accused person.
He, thereafter, dismissed the application and asked the defence counsel to file a fresh one.
Zibiri had asked the court to remand Badeh in the custody of the EFCC, and not in prison. But the court did not grant his request.
Earlier on Monday, EFCC had arraigned Badeh before Abang.
The former chief of defence staff is facing a 10-count charge of criminal breach of trust and corruption to the tune of N3.9bn. He pleaded not guilty to the charges.
He is alleged to have used funds of the Nigeria air force to purchase choice property in Abuja. According to the EFCC, Badeh illegally used N60m to renovate his sons house, which he purchased for N260m in Abuja, between January and December 2013.
The former defence chief is also alleged to have used N878m -being funds of the air force- to build a shopping mall in Abuja.
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