Former Chief of Defence Staff, Air Vice Marshal Alex Badeh (retd) was today remanded in Kuje Prison custody after his arraignment before a Federal High Court in Abuja on a 10-count charge of corruption and criminal breach of trust by the Economic and Financial Crimes Commission [EFCC].

Before his remand order was issued, the embattled former military chief pleaded not guilty to all the charges and expressed his willingness to defend himself, even as Justice Okon Abang ordered his remand in Kuje prison pending the hearing and determination of his bail application. His bid to regain freedom immediately however met a brick wall when the court struck out his bail application on the ground that it was premature as it was filed before his arraignment.

The Judge held that the bail application having been filed before the accused person was arraigned robbed his court of the requisite jurisdiction to hear it.

Justice Abang said he can only hear a bail application that has been filed after the arraignment of an accused person and not the other way round. It was Badeh’s counsel, Samuel Zibiri [SAN] who drew the attention of the court to a pending bail application which he said was filed before his client was arraigned.

After striking out the application, the court ordered that a fresh bail application be filed and to be argued on Thursday, March 10, 2016.

Justice Abang thereafter fixed March 14, 2016 for proper trial which he said would hold on daily basis in line with the court’s practice direction. He warned that his court will not entertain unnecessary applications for adjournments from any of the parties to the trial.

Badeh was arraigned along with his company, Rtytebuilders Technologies Limited. Earlier, the prosecution counsel, M.S. Abubakar urged the court to order that the charges be read to the accused person in the dock.

The charge, bordering on criminal breach of trust and corruption, dated February 26, 2016 and endorsed by Aliyu Yusuf, Deputy Director, Legal, EFCC specifically accused the former Defence Chief of unlawfully using funds meant for the Nigerian Air Force to purchase landed properties in choice areas in Abuja, between January and December 2013, while serving as Chief of Air Staff.

In the charge filed at the registry of the Court by the Economic and Financial Crimes Commission (EFCC), the Commission alleged that Badeh, while serving as Chief of Air Staff and Iyalikam Nig Ltd, between January and December 2013 did use Dollar equivalent of the sum of N1,100,000,000 (One billion, one hundred million Naira), removed from the accounts of the Nigerian Air Force to purchase for themselves a mansion at Maitama, Abuja.

According to the anti graft agency, the accused person “reasonably ought to have known that the said funds formed part of the proceeds of unlawful activity (to wit) criminal breach of trust and corruption.

The offence, the EFCC said is contrary to Section 15 (2) (d) of money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

Badeh and his company were also accused of removing from the accounts of the NAF, and did use Dollar equivalent of N650million to purchase a commercial plot at plot 1386, Oda crescent Cadastral zone Ao7 Wuse ll, Abuja.

The offence, the EFCC said is contrary to Section 15 (2) (d) of money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

The defendants were said to have between March 28 and December 2013, in Abuja used an aggregate sum of N878,362,732.94 removed from NAF accounts and paid into account of Rytebuilders Technologies Ltd with Zenith bank plc for construction of a shopping mall in plot 1386, Cadastral zone.

It was equally alleged that the defendants removed the sum of N304m from the accounts of the NAF and paid it to Rytebuilders for the completion of the shopping mall.

The EFCC further stated that the accused did use N260m’s Dollar equivalent removed from the NAF accounts and paid to one Oluwatoyin Oke through Platinum Universal Project and Construction to purchase for his son, Alex Badeh (jnr), a duplex at No 19 Kumasi crescent Wuse, Abuja.

Count six among others stated that Badeh used N60m Dollar equivalent removed from the NAF accounts to renovate his son’s house, while count seven alleged that the retired Air Force Chief used N90m Dollar equivalent removed from the NAF accounts to furnish his son’s house at Kumasi crescent, Abuja.