Air
Marshal Alex Badeh
Air
Marshal Alex Badeh
Badeh was humble, peaceful, Didnt Ask for frivolous
applications- Judge
…Court to Decide Fate of Badeh’s Case, Feb
26
Justice Okon Abang of a Federal High Court, Abuja, has adjourned
the alleged N3.9 billion fraud case involving a former Chief of
Defence Staff, Air Chief Marshal Alex Badeh to February 26, 2019,
to enable parties know how to proceed with regards to the defence
of Iyalikam Nigeria Limited, a company with whom he was standing
trial.
Badeh who was killed on December 18, 2018 by yet to be
identified gunmen along the Keffi-Abuja Road, on his way from his
farm in Nasarawa State was expected to open his defence on January
16, 2019. The EFCC had closed its case against him and the company,
on October 23, 2018 after calling 21 witnesses.
At the resumed sitting on January 16, 2019, Badeh’s counsel,
Akin Olujimi, SAN, informed the Court of the death of his
client.
Describing his murder as a “shock”, Olujimi said that the
“unfortunate incident” deprived Badeh “the opportunity to let the
world know that he did not commit the offence with which he was
charged”.
“When a defendant to a crime has passed on, the litigation
against him must terminate,” he said, further stressing that his
late client would have been able to disprove the allegations
against him.
He thereafter, applied for an adjournment “pending the burial”
of the deceased, and informed the Court that “the prosecution and
defence teams are making arrangements to meet, regarding how to
proceed with the matter”.
Counsel for the company, S.T. Ologunorisa, SAN, aligned himself
with the submission of Olujimi, and further appealed that the
matter be adjourned to a later date, “as a mark of honour for the
late Badeh”.
“We will also want the Court to vacate the other dates earlier
scheduled for hearing,” he added.
Prosecuting counsel, O. A. Atolagbe, also expressed his
condolence. According to him, though the demise of the first
defendant was public knowledge, the Court being “a Court of
Record”, it was essential for the defence to furnish it with a
death certificate.
He further urged the court to discountenance the submission of
Olujimi in respect of the first defendant’s ability to disprove the
allegations against him, stating that the submission was
“unnecessary” given the circumstances.
While not raising any objection to the application for
adjournment, Atolagbe confirmed that moves had been made towards
setting up a meeting between both parties to decide in which
direction the case will go.
He however said that it was impractical to hinge the next
adjournment on Badeh’s burial, noting that Olujimi had not
indicated when the burial was likely to take place.
“We urge the Court to adjourn to a more practical date,” he
added.
Arguing against the need for a death certificate, Olujimi,
citing the case of Osafile v. Odi (1990) 2 NLWR (Pt.137), however,
submitted that “in such a matter of public knowledge, which the
Court itself as a member of a community is aware of, there is no
need for any evidence, the court will simply take judicial notice
of the matter”.
After the arguments, Justice Abang held that: “In this instance,
it is not necessary for the counsel to the first defendant to
tender a death certificate because the death of the first defendant
is public knowledge and the court is aware.
“It is not in dispute that the first defendant is dead.
“He was humble and peaceful. He would always stand, waiting in
the dock, until the Court would order him to sit. He attended
proceedings at all times and always present in time. He never asked
for frivolous applications or wasted the Court’s time, complying at
all times with the Court’s rules. May his soul rest in peace”.
Tony Orilade
Ag. Head, Media & Publicity