A Federal High Court in Abuja on Friday refused a bail application by a former chief of defence, Alex Badeh.
Alex Badeh is one of the former military chiefs indicted in the arms deal scam.
At his ruling the presiding judge, John Tsoho said because there is an existing remand order by the Magistrate Court in Lagos, the court cannot give an order for the release of the applicant.
He noted that in the application by the applicant, there was no prayer asking the court to set aside the order of the Magistrate Court as received by the Economic and Financial Crimes Commission (EFCC).
Badeh’s counsel, Samuel Zibiri had earlier argued that the application pursuant to sections 35 (4) and 36 (5) of the 1999 constitution.
His client sought the order of the court to admit the former defence chief to bail on self-recognizance or on liberal terms pending his arraignment by the anti-graft agency.
Zibiri said the application was based on the grounds that the former military chief had voluntarily honoured EFCC’S invitation but was held in detention since February 8.
“The applicant was originally invited and interrogated in the Abuja office of the commission but was later moved to Lagos for further interrogation,” Zibiri had said.
But the EFCC’S counsel, Cosmos Ugwu avered that Badeh detention in a Lagos EFCC facility is not related to the matter for his earlier invitation by the commission.
Badeh filed a suit against the EFCC for an infringement on his fundamental human right and prolonged detention.
The former defence chief is currently being detained by the EFCC over his involvement in the widely distributed $2.1 billion arms deal popularly known as the Dasukigate.
He is also being investigated for receiving $800,000 from his finance director during his tenure as the defence chief.
But denying all the allegations against him, Badeh has also said that he is being persecuted unjustly.
The former defence chief in a statement said all allegations against him are false.
However, Badeh is set to face a 10-count charge of criminal breach of trust and corruption to the tune of N3.9 billion.
He will be arraigned before Justice Okon Abang of the Federal High Court on Monday, March 7.
Recently, there were reports that the EFCC had traced some money to the accounts of wives and children of some former and serving military chiefs.
The officers were said to have acquired properties in the names of their wives, children and relations to cover up their loot.