– The court ruled that the application by the former chief of defence staff, Alex Badeh, challenging the court’s jurisdiction to hear the case against him is well founded but filed at the wrong time
– The judge, Okon Abang, said Badeh’s application to stall the trial will be heard after the final judgment on the court proceedings
– The judge also ordered that the trial of the former chief of defence staff begin immediately
Former chief of defence staff, air chief marshal Alex Badeh
A Federal High Court in Abuja on Wednesday, March 16, ordered that the trial of a former chief of defence staff, Alex Badeh commence immediately despite an application filed by the defendant to stall the trial against him by the Economic and Financial Crimes Commission (EFCC).
In his ruling today, Justice Okon Abang informed the court that the defendant’s application challenging the court’s jurisdiction cannot be entertained.
Badeh through his counsel, Samuel Zibiri had filed an application challenging the jurisdiction of the Federal High Court to hear the case against him by the EFCC.
In his application, the former chief of defence staff’s counsel submitted that the charges leveled against his client was erroneous and misleading.
READ ALSO: Witness makes stunning revelation of how he bought houses for Alex Badeh
But giving his ruling on the application, Abang said the court is enjoined to sort the issue of jurisdiction before any other matter before it can be heard.
He said parties involved in a matter can only be heard within the confines of the rule of law as in this case, the Administration of Criminal Justice Act (ACJA).
Abang said, it is the duty of the court to enforce provisions of the ACJA as it complies with fair hearing principles.
He said the application by the applicant, Badeh, who is the first defendant, having regard to Section 396 (2) of the ACJA can only be considered alongside a substantive issue with ruling delivered at the final judgment of the proceedings.
The judge further said the motion on notice filed by the defendant cannot at this point be taken.
“The court can only entertain the application and make findings on the application,” Abang said.
The judge however reserved the rights of the defendant’s application to be heard at the end of the court’s proceedings.
“The arguments of the defendant are well founded but does not apply to the matter before the court at this time,” he said.
Abang continued by ordering the prosecution, EFCC, to file a reply to the defendant’s application within seven days from today, March 16.
He also ordered the prosecution to open its case immediately by calling its witnesses for examination.
Badeh is currently being tried for his involvement in the popular DasukiGate arms deal fund.
He is also alleged to have bought various houses within Nigeria for himself and his sons from a monthly balance of Nigeria air force personnel salaries totaling N558,200,000 monthly, a revelation made by a prosecution witness in court today, March 16.
The post Why court ordered immediate trial of former chief of defence staff, Alex Badeh appeared first on Nigeria News today & Breaking news | Read on NAIJ.COM.
Why court ordered immediate trial of former chief of defence staff, Alex Badeh
0 Comments: