A former Chief of Defence Staff, Alex Badeh on Wednesday challenged the jurisdiction of the Federal High Court Abuja to try him over the 10 count charges he is being prosecuted for.
Badeh made this known through his counsel, Samuel Zibiri who informed the court that he has filed a petition contending with the court’s jurisdiction to try Badeh on the charges leveled against him.
Zibiri, while urging the court to adjudicate on the filed petition before commencing the trial, said: “The law is clear on the issue of jurisdiction, whenever raised that application must be first taken first and disposed of.”
Counsel to the prosecution, Rotimi Jacobs in his objection argued that the defence is trying to frustrate the trial by challenging the jurisdiction of the court to try him.
Quoting Section 392 of the Administration of Criminal Justice Act, ACJA, Jacobs urge the court to reject the motion.
Jacobs said, “Section 392 of the ACJ, the defence can file motion contending the jurisdiction of the court but its Judge shall not entertain it and it cannot stop the trial.”
Zibiri, while contending with the prosecution’s submission, argued that the position of the defendant was in line with his constitutional right which allows him to defend himself.
The defence counsel in line with section 396 urged the court to hear the motion stating that “hearing it means the court is hearing the case in general.”
Zibiri also informed the court that the charges from count one to ten are misleading.