Abuja - The Federal High Court sitting in Abuja has refused an application by the former Chief of Defence Staff, Air Marshal Alex Badeh (retd), seeking to stop further hearing on the 10-count criminal charge the Economic and Financial Crimes Commission, EFCC, preferred against him.
At the resumed sitting on the matter on Wednesday, Badeh, through his lawyer, Samuel Zibiri, SAN, challenged the jurisdiction of the court to try him on the basis of the charge which he said was grossly defective.
In his application dated March 15, Badeh argued that the charge did not disclose any offence known to money laundering Act, insisting that the charge lacked legal validity.
However, EFCC lawyer, Rotimi Jacobs, SAN, urged the court to disregard the application, saying it was a deliberate ploy by the defendant to stall the commencement of his trial.
Also read: Badeh granted N2 billion bail
Jacobs argued that sections 221 and 396(2) of the ACJA, 2015, provided that any objection challenging jurisdiction of the court or validity of a criminal charge must be considered alongside the substantive case.
He contended that it was late in the day for Badeh to raise the objection since his trial has already commenced.
In his ruling, Justice Abang, said there are laid down procedures for the prosecution of criminal cases under the ACJA.
The former CDS is facing trial over allegation that he fraudulently diverted about N3.9billion from account of the Nigerian Air Force within 2013.
The court earlier granted him bail to the tune of N2billion.
- News 24