Justice Okon Abang of the Federal High Court Abuja, Wednesday gave the prosecution and defence lawyers handling the case of late former Chief of Defence Staff, Air Chief Marshal Alex Badeh February 26, to decide what to do about it.
Air Chief Marshal Badeh was before death, facing a 24-count charge for alleged money laundering and converting public fund in the custody of Nigerian Air Forces to the tune of N3.9bn to personal use.
He was charged alongside his company, Iyalikan Nig. Ltd before the court for the alleged offences.
When the case resumed on Wednesday, the defence lawyer, Akin Olujimi informed the court of the death of his client, stating he was murdered on December 19, 2018, along Keffi- Abuja road on his way from the farm.
He requested for a short time to liaise with the prosecution on the next line of action.
The prosecuting counsel, Rotimi Jacob (SAN) did not object to the short date.
He, however, said the defence ought to have furnished the court with a death certificate, being the court of record.
In a short ruling, Justice Abang held that no death certificate was required because the fact of his death was already in public domain.
“The court is already awared of his death. The Supreme Court made it clear that where a matter is already a public knowledge, the court being a member of the public, does not require certificate of death.”
Abang paid glowing tribute to Badeh, saying: “Throughout his trial, he never created difficulties for court.
He was so peaceful throughout his trial. His conduct was a show of tremendous respect to the court. He was always in court before trial, he never asked for frivolous applications,” Justice Abang said.
He subsequently adjourned to February 26 for a feedback on the meeting between the prosecution and defence counsel.
Andrew Orolua, Abuja