Justice Okon Abang adjourned the matter till March 16 following an application by the defence counsel, Akin Olujimi who informed the court that the defence was served late with additional proof evidence and he is yet to digest it.
Quoting section 392, Abang held that the defendant requires ample time to study the additional proof of evidence.
Abang consequently adjourned till March 16 for commencement of trial.
Olujimi had informed the court that the prosecution filed an additional proof of evidence late Friday, hence he would need time to study it so as to prepare for defence.
The defence counsel also told the court that he had not been properly briefed by his client who is still in Kuje Prison due to the fact that he is yet to meet the bail condition the court earlier granted him.
“It is on record that Baden is still in Kuje Prison even though the court had granted him bail. The process of carrying out that order has not been completed yet and he is yet to brief he on the matter.
“Heaven will not fall if the court adjourns the matter,” the defence counsel said.
The prosecution led by Rotimi Jacobs urged the court to dismiss the application for adjournment and continue with the trial as earlier scheduled on the ground that the defence counsel has the privilege to go to the prisons for his briefing with the accused person.
Badeh is facing a 10-count charge of criminal breach of trust and corruption to the tune of N3.9b.
The former Chief of Defence Staff is alleged to have used funds of the Nigeria Air Force to purchase choice property in Abuja.
According to the Economic and Financial Crimes Commission, EFCC, Badeh illegally used N60m to renovate his sons house, which he purchased for N260m in Abuja, between January and December 2013.
The former Defence chief is also alleged to have used N878m being funds of the Air Force to build a shopping mall in Abuja.
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