24th May, 2016
Led in evidence by Rotimi Jacobs, the prosecution counsel, the contractor told the court presided over by Justice Okon Abang how he helped to acquire a piece of land in Aminu Kano Crescent, in the Wuse 2 Area of Abuja which formerly belonged to Ayodele Fayose for the construction of the mall.
He also told the court that he was paid over N800 million directly from the account of the Nigeria Air Force for the project.
Badeh is being tried alongside a company, Iyalikam Nigeria Limited on 10 counts charges of money laundering bordering on alleged fraudulent theft of N3.97 billion from Nigeria Air Force’s account.
The Economic and Financial Crimes Commission had accused the former Chief of Defence Staff of using the funds to acquire properties for himself and his two sons between January and December, 2015.
The witness, a managing director of Life Builders Technology Limited said he first met Badeh when he came to inspect the Nigeria Air Force Conference Centre, Abuja, a project being handled by his company and another partner.
He added that a year into the project, there was a change of command in the Air Force which led to Air Marshall Alex Badeh becoming the Chief of Air Staff.
The then new CAS had been impressed about the work done at the conference centre when he came on inspection.
“While on official tour to some of the projects carried out by NAF, he visisted our site which is NAF Conference centre.
“We took him round the project and showed him all the facilities. He was very impressed that indigenous contractors could do a nice job of that job because the finishings were nice.
“Soon after that, the Director of Finance, Air Commodore Yishau approached me and said his boss was very pleased with our job, he wants to give us a job.
”Then we scheduled a meeting. He said the job would involve the construction of a mall. Soon after that, Yishau now called me that they are ready for the project and we should look for suitable commercial plot within the city centre.
“Before we can find one, Yishau called again that they have found one along Aminu Kano Crescent. He asked us to go and negotiate for the land. He gave us the copy of the C of O.
“Then, I got to know that the land is in the name of one Fayose Ayodele. Soon after that while we are trying to contact the owner, Yishau called again to say that they have found the person who bought the land from Ayodele Fayose.
“Then, we contacted the person, by name one Mr. Tony. I can’t remember the other name. He is the owner of Itex Furniture. We got to him and we realized that he sold to a third party by the name Cassandro Investment Ltd.
“We now got back to Air Commodore Yishau to let him know our findings. Because there are other agents on that land, we also go to find out where Casandro Investment Office is.
“They then directed us to go and negotiate with Casandro Investment Ltd. We got to Casandro Inv. Ltd, he then named his price for the land- N650 million.
“We got back to Yishau and told him the price. Then, he said he will get back to us. He called us and gave us equivalent of N650 million dollars because Casandro insisted on dollar payment.
“We then took the documents to Yishau and asked which name the Deed of Assignment should be executed.
”Yishau told me to execute the documents in my company’s name which is Life Builders Technologies Ltd, but will later be transferred to another company after he might have discussed with his boss in person of Air Marshall Alex Badeh.
“We did exactly as he said because at that time our interest was to construct the shopping mall. We then handed over the original documents of the land to Air Commodore Yishau.
“After that, they called us one day again that they are ready to start the construction of the mall.
“He then gave us a sketch of the drawing and now asked us to provide a provisional estimate of what it will cost to construct the mall.
“We did, brought him an estimate of N1.3 billion. Upon seeing the cost, he complained that it is on the high side.
“That he would get to his boss, Air Marshall Badeh, that whatever they decide, he would get back to me. He called after a few weeks to give me the full architecture drawing and the complete bill of quantity.
“He said that we should price it and submit it back to him. That was when we gave him a bill of N1.2 billion or thereabouts.
“He collected the bill and said he will get back to us. Then, the next thing is that we have to work out the modalites of how to start the project.
“We then told him we will prepare milestone payment schedule which will give him an idea of what to pay and at what stages.
“I remember the first stage, we calculated about N408 million or thereabouts as mobilisation.
”He gave use about N300 million in dollar equivalent. Then, we started constructing the mall. At each stage, we provided him with site projects which he said he is submitting to his boss, Air Marshall Alex Badeh so that he will appreciate the progress of the work.
”While we were constructing the mall, one day, Air Commodore Yishau called us for a meeting that henceforth, our payment would be coming from NAF.
The witness who said work on the mall later got stalled will continue with his evidence-in-chief tomorrow.