N3.97bn ‘fraud’: FG at liberty to pursue case after Badeh’s death – SANs

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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