Abuja – The Federal High Court yesterday in Abuja admitted ex-Chief of Defence Staff, Alex Badeh, to a N2 billion bail.
Badeh is standing trial for alleged money laundering, self enrichment from public funds and breach in the Procurement Act.
Delivering the ruling, Justice Okon Abang, however, held that the alleged offence was bailable.
He said the constitution had provided that the applicant be presumed innocent until proven guilty.
“I have carefully and painstakingly studied the submissions made by counsel to parties in this case and in my view granting of bails remains the discretion of the court.
“The issues raised in the 10-count charge levelled against the applicant in the charge are all bailable.
“In my view and according to Section 36 of the Constitution and the provisions of the Administration of Criminal Justice Act, the applicant is considered innocent until proven otherwise,’’ Abang said.
The judge further said: “However, the court is enjoined to consider the objections raised by the prosecution team in order to strike a balance between the issues raised in favour and against the application.’’
“In so doing, I have considered the nature of the offence, the severity of punishable and the amount of money allegedly stolen contained in the proof of evidence.
“Though the court has not over looked the fears raised by the prosecuting counsel, but I am compelled to adopt the provision of the constitution on this matter being the superior law.
“In doing so, the court is convinced that the country’s security agencies have the capacity to ensure the availability of the applicant in court to stand justice,’’ he held.
Abang said: “In the final analysis, having regard to the over N3 billion that forms the crux of this matter, the first defendant (Alex Badeh) is admitted to bail in the sum of N2 billion.’’
“The applicant is also expected to provide two sureties resident in Abuja in the sum of N1 billion each and landed properties whose market values must be evaluated by the court and EFCC.
“The sureties are mandated to provide three years of their tax clearance certifications with the Chief Registrar of the court.
“The defendant shall deposit his International and Green passports with the court,’’ Abang held.
The judge also said the EFCC was enjoined to comply with orders of the court within the time frame.
