Badeh did not give or promise me N15m – Witness

The trial of a former Chief of Defence Staff, Air Chief Marshal Alex Badeh, continued on Thursday at the Federal High Court sitting in Abuja where Barrister Useni Umar, the third prosecution witness, denied ever receiving the sum of N15 million from Badeh as compensation.

At the resumed trial before Justice Okon Abang, the witness who was cross examined by the two defence counsels, said he was neither promised nor given N15 million by Badeh.

According to the witness, an Estate Survey Manager: “Badeh never promised to give me the sum of N15 million.”

Asked if he will be surprised that the first prosecution witness, Air Commodore Salisu Abdullahi Yushau, told the court in his testimony that he was given N15 million as compensation, the witness said: “I do not know why he will tell the court that I was given N15 million.”

Also during cross examination by counsel to the second defendant, Iyalikam Nigeria Limited, Sam Ologun-Orisa (SAN), the witness told the court that the document of the said transaction of No 6 Ogun River Street and No 14, Adzoke Crescent, both in Abuja, he handed over to Barrister Timothy were not signed by Badeh and the 2nd defendant.

He had in his evidence-in-chief said he handed the documents over to Yushau who in turn handed it over to the first defendant himself.

But in his statement to the Economic and Financial Crimes Commission, he said the document were handed over to Yushau at a meeting with him.

He also said that his compliant to Timothy that Badeh had promised that he will get a signed copy of the agreement on respect of the Ogun River property was not contained in his statement to the EFCC because he was just summarising his statement.

However the prosecution counsel, Rotimi Jacobs, while re-examining the witness asked him to explain why he had earlier said in his evidence before the court that Badeh promised him N15 million as appreciation, on cross examination said there was no such promise by the first defendant.

The counsel to the first defendant, Chief Akin Olujimi (SAN), objected to the line of questioning, saying that the prosecution cannot ask the witness such question during re-examination.

Justice Abang in a short ruling held that the law is settled that re-examination is limited to issues raised during cross examination.

He added that the witness unequivocally said Badeh did not promise him N15 million.

According to the judge: “I have also listened dispassionately to all the argument and the answer by the witness is clear.

“There is no ambiguity here.

“To allow the witness answer the question of the prosecution will amount to making fresh evidence by the witness.

“The objection of the defence counsel to the question put or the witness by the prosecution is sustained.”

The judge the adjourned the matter till May 23 for continuation of trial.