A former Chief of Defence Staff in Nigeria, Air Chief Marshal Alex Badeh, has asked the Federal High Court in Abuja, the nation’s capital, to grant him bail from detention.
Badeh is being held in Lagos by the Economic and Financial Crimes Commission since February 8, 2016, when he was invited by the Anti-graft agency for questioning.
The application dated February 15, was brought pursuant to section 35(4) and section 36(5) of the Nigerian Constitution and sections 158, 162 and 165 of the Administration of Criminal Justice Act (ACJA) 2015.
At the Monday hearing, his lawyer, Mr Samuel Zibiri, asked the court for an order admitting him to bail on self-recognisance, or on such favourable and liberal terms as the court may deem fit to make in the circumstances of the case pending further investigation by the respondent and/or arraignment before the court.
Mr Zibiri said the application was based on the grounds that the applicant voluntarily went to the office of the EFCC on February 8 and was subsequently detained by the commission after several hours of interrogation. He claimed Mr Badeh was compelled to write a bulky statement.
He told the court that the detention of the former Chief of Defence Staff, under a remand order issued by a magistrate court in Lagos, “is a gross abuse of the ACJA 2015”.
The lawyer insisted that Mr Badeh should be granted bail because a Federal High Court was superior to the Magistrate Court.
He also said that the alleged case of fraud for which the applicant was invited is ordinarily bailable.
“There is no reason for, or any likelihood that the applicant will jump bail, escape from justice, interfere with witnesses or investigation if same is still ongoing, or the course of justice upon his being granted bail,” Mr Zibiri stated.
He also argued that the applicant’s health condition was bad and that he had recently undergone a surgery on his spine which required constant post-operative follow-up by his physician as well as renal condition which he was currently undergoing treatment for.
