Justice Okon Abang of Abuja Division of the Federal High Court, on Monday, voided all the charges filed by the Economic and Financial Crimes Commission, (EFCC) against the former Chief of Defence Staff, late Alex Badeh, who was standing trial for alleged N3.97 billion fraud.
However, the court forfeited his company, Iyalikam Nigeria Limited, and other properties to the federal government through a plea bargain agreement entered with the EFCC
At the resumed trial, the prosecuting counsel, Mr. Oluwaleke Atolagbe, said the business of the day was for the second defendant, Iyalikam Nigeria Limited to open defence since the first defendant (Badeh) was now deceased.
Atolagbe, however, informed the court that in view of an agreement reached between the prosecution and the defence, a further amended charge of 10 counts had been filed as well as a plea bargain agreement.
“My Lord, there is a development, the prosecution met with the defence and we have been able to reach an agreement.
“We filed a further amended charge dated March 1 and filed March 4 and we also filed a plea bargain agreement with regards to provisions of the Administration of Criminal Justice Act, (ACJA),” he said.
Atolagbe asked that the new charge be read in open court and in view of the plea bargain agreement, a guilty plea be entered for the second defendant by the court.
Following the reading of the 10-count amended charge and the plea of guilty entered for the defendant by the court, the lawyer prayed the court to enter judgment based on the plea bargain agreement.
“For the avoidance of doubt, we ask that the court should order, as part of the sentence, the final forfeiture of all the properties affected in counts one to 10 in the further amended charge as reflected in the plea bargain agreement.
“We further pray that the defendant be convicted and wound up based on the plea bargain agreement and Section 19 of the Money Laundering Act,” he said.
Delivering judgment, the judge said that in view of the plea bargain agreement, the defendant was guilty as charged.
“I have before me a plea bargain agreement duly executed by Iyalikam Nigeria Limited and the EFCC.
“I hereby find the defendant guilty and accordingly convict the defendant of the 10-counts further amended charge.
“Having regard to the plea bargain agreement duly executed by the parties, Iyalikam Nigeria Limited is hereby wound up and the judgment shall be served on the Corporate Affairs Commission for execution,” said Abang.
He also ordered the forfeiture of
*A mansion at No. 6, Ogun River Street, Off Danube Street, Maitama, Abuja
*A shopping mall at Plot 1386, Oda Crescent Cadastral Zone A07, Wuse II, Abuja
* A duplex at No. 19, Kumasi Crescent, Wuse II, Abuja
* A duplex situate at No. 14, Adzope Crescent, Off Kumasi Crescent, Wuse II, Abuja
* A semi-detached duplex situate at No. 8A, Embu Street, by Sigma Apartment Wuse II, Abuja
*The sum of $1,000,000.00 only recovered from No. 6, Ogun River Street, Off Danube Street, Maitama, Abuja.
The judge further ordered that in view of the fact that the first defendant (Badeh) was reported dead, all processes against him had been terminated.
The ex-CDS, who served under ex-President Goodluck Jonathan, was shot and killed by unidentified gunmen on the Keffi-Abuja Expressway on December 18, 2018, while returning from his farm.
Until his death, Badeh was standing trial on charges of alleged abuse of office, money laundering and converting public money to personal use.
He was arraigned alongside his company on a 14-count charge bordering on fraud to which he entered a “not guilty” plea to all counts.
With NAN report
