Badeh, who is standing trial alongside Iyalikam Nigeria Limited on a 10-count charge bordering on money laundering, criminal breach of trust and corruption to the tune of N3.97 billion was on March 10, 2016 granted N2 billion bail.
The decision of the trial judge followed an application filed by Akinshola Olujimi, SAN, seeking for an adjournment.
Olujimi, who told the court that he was taking over from Samuel Zibri, SAN, as the counsel to Badeh, said that he had just been briefed on the matter, adding that “though my client has been granted bail, it is on record that the process for the effectuality of that order has not been completed, and there is need for me to access the defendant for full and proper briefing as he is still in Kuje Prison.”
He also added that the prosecution only on March 11, 2016 served him additional proof of evidence, which “will need to be studied”.
S. T. Ologunorisa, counsel to Iyalikam Nigeria Limited, also told the court that he was served additional proof of evidence “some minutes before court commenced because the prosecution could not locate my office and I could not get a copy from defence counsel to the first defendant”. He urged the court not to commence trial, arguing that “it will be an infringement on the defendant’s constitutional rights”.
Prosecuting counsel, Rotimi Jacbos, SAN, however, urged the court to dismiss the application for adjournment and continue with the trial on the grounds that the defence counsel has the privilege to go to the prisons for his briefing with the accused person.
“Section 396 (3) of the Administration of Criminal Justice Act and Section 19(2)(b) of the EFCC Act states that all matters before the court shall be conducted with dispatch and given accelerated hearing,” Jacobs argued.
He further told the court that Olujimi was at the point of arraignment a member of the defence team, and so “if the court orders for the case to go on, it cannot amount to infringement of his right to choose a counsel for himself.
Justice Abang took the argument of the defence team and adjourned the matter till Wednesday.
