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Court refuses to stop ex-CDS’ trial

The judgment was given by presiding judge, Justice Okon Abang today, March 16, 2016.

Former Chief of Defence Staff (CDS), Alex Badeh in court on March 7, 2016
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The judgment was given by presiding judge, Justice Okon Abang today, March 16, 2016.

Badeh had sought the dismissal of the trial after saying that the court lacked the jurisdiction to try him.

In refusing the application, Justice Abang, said:

“Having regards to section 396(2) of the ACJA, the application can only be considered alongside the substantive issue and ruling delivered along with judgment on the matter.”

“Section 221 of ACJA said objection shall not be entertained during proceeding or trial on the ground that a charge is defective. The court can only entertain and make findings on the application at the end of the proceeding and ruling delivered when the matter is decided.”

“Right of the defendant to be heard has been preserved ‎till the end of the proceeding. It would have been a different matter if this is a civil matter or if it was raised before the enactment of the ACJA. As at today, the law has changed.”

“The application is hereby refused. The prosecution is hereby directed to call its first witness for the trial to commence now.”

The Economic and Financial Crimes Commission (EFCC) has accused Badeh of laundering N3.9billion from the accounts of the ‎Nigerian Air Force.

The former CDS has however denied the reports adding that he’s being persecuted.

Meanwhile, inmates at the Kuje Prison in Abuja, where Badeh was remanded, were said to have rejoiced when the former CDS arrived at the prison.

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