Former Chief of Defence Staff, Air Chief Marshal Alex BadehBadeh also in an objection said the charges against him by the EFCC is erroneous and misleading. He further urged to hear his application. But in an objection, the prosecuting counsel, Rotimi Jacobs said the effort by the defendant to file an application after trial has been slated is aimed at stalling trial.
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“My lord, what the defendant is trying to do is to be crafty, cunning and smart, and to frustrate your lordship from continuing with this trial. My lord, litigation is not a game of smartness or cheats,” Jacobs said.
He said the objection by the defendant on the validity of the charge against him, shows that there is no difference between a criminal and civil matter. In an objection to his allegation, the defense counsel, Samuel Zibiri said his colleague misunderstood the defendant’s application questioning the validity of the charge against him. But Jacobs said Sections 396 (2) of the Administration of Criminal Justice Act states that a defendant can make an objection only on substantive issues. He continued by stating that an application on the validity of the charges cannot stall the trial before the court.
“My lord, if the intention of the defendant is to stall today’s trial, that has been defeated by the provision of Section 396 of AJCA,” he said. He urged the court to call upon the prosecution to call its witness and condemn acts that tend to stall trials. But Zibiri in his reply said it is the constitutional right of a defendant to defend his case in any way and manner as the law permits. Quoting Section 396 (2) of ACJA, the defense said the procedure the defendant has adopted is in line with the constitution. Zibiri said: “This means that there are objections that are not affected, including an objection touching on the jurisdiction of this court.” He said the hearing of a trial is not restricted to calling witnesses, adding that Section 220 of the ACJA allows an objection if there is an error in a charge against an accused person.
“My lord, the charge itself is misleading and that forms the basis of our application,” he said. As at the time of filing this report the judge, Okon Abang is writing his ruling on the application filed by the defendant. Badeh is standing a 10-count trial of criminal breach of trust and money laundering to the tune of N3.9 billion. He is also alleged to have received $800,000 from the fiance director of the Nigeria air force during his tenure as the chief of defense staff.
“My lord, if the intention of the defendant is to stall today’s trial, that has been defeated by the provision of Section 396 of AJCA,” he said. He urged the court to call upon the prosecution to call its witness and condemn acts that tend to stall trials. But Zibiri in his reply said it is the constitutional right of a defendant to defend his case in any way and manner as the law permits. Quoting Section 396 (2) of ACJA, the defense said the procedure the defendant has adopted is in line with the constitution. Zibiri said: “This means that there are objections that are not affected, including an objection touching on the jurisdiction of this court.” He said the hearing of a trial is not restricted to calling witnesses, adding that Section 220 of the ACJA allows an objection if there is an error in a charge against an accused person.
“My lord, the charge itself is misleading and that forms the basis of our application,” he said. As at the time of filing this report the judge, Okon Abang is writing his ruling on the application filed by the defendant. Badeh is standing a 10-count trial of criminal breach of trust and money laundering to the tune of N3.9 billion. He is also alleged to have received $800,000 from the fiance director of the Nigeria air force during his tenure as the chief of defense staff.
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