On Monday, a Federal High Court in Abuja terminated the charges filed by the Economic and Financial Crimes Commission (INEC) against the late Chief of Defence Staff, Alex Badeh.
Justice Okon Abang who presided over the case however found Iyalikam Nigeria Limited, a company which was standing trial alongside Badeh, guilty of the charges against it.
The judge consequently ordered that all properties of the company be forfeited to the Federal Government.
“Having regard to the plea bargain and plea duly taken, I hereby find the defendant Iyalikam Nigeria limited guilty.
“The defendant is hereby wound up and this judgement shall be served on the Corporate Affairs Commission (CAC) for necessary action.
“All properties in line with the 10-count charge are hereby forfeited to the Federal Republic of Nigeria through the Economic and Financial Crimes Commission(EFCC).
“In view of the fact that the first defendant in the original charge is reported dead, all charges against the first defendant are hereby terminated,” Mr Abang said.
Air Chief Marshal Badeh was assassinated in December 2018 while returning from his farm in Nasarawa State.
EFCC and the company apparently reached an agreement following the death of Badeh.
The prosecution counsel, O.A. Atolagbe, told the court on Monday that the case was adjourned for hearing of the defence of the company (Iyalikam Nigeria Ltd).
“This case was adjourned to today for the continuation of hearing, in particular to defence of the 2nd def, since the 1st def is deceased.
“However, there is a development, the 2nd defendant and the prosecution have met and they have been able to reach an agreement and we have filed a further amended charge dated March 1 and filed March 4.
“We also filed a plea bargain agreement dated March 4 pursuant to section 279 of ACJA, 2015.
“In view of the two processes, we urge my lord to make an order of amendment of the charge before the court stating further that there is a provision under ACJA section 216 which deals with amendment but section 218(2) which deals with the process if amendment and we have provided the note specified by section 218(2)at the end of the amended charge.”
Consequently, Justice Abang said; “Since there has not been objection to the prosecution application, the further amendment charge filed today is deemed properly filed and served.”