A Federal High Court sitting in Abuja has turned down a fundamental rights enforcement application filed by the immediate past Chief of Defence Staff, Air Chief Marshal Alex Badeh (Rtd).
Mr Badeh in his application, sought for the enforcement of his fundamental rights to liberty pending when the Economic and Financial Crimes Commission (EFCC) would be ready to charge him.
The presiding judge, Justice James Tsoho, on Friday, said that there was a subsisting withholding charge order by a Magistrate Court in Lagos, which gave the Anti-graft agency the right to detain him.
Justice Tsoho also held that he could not vacate the said order because the former Chief of Defence Staff did not ask for it in his application.
Mr Badeh had earlier approached the court seeking his release.
The former Chief of Defence Staff is being held in Lagos by the EFCC since February 8, 2016, when he was invited by the Anti-graft agency for questioning.
According to him, the EFCC has held him longer than the constitutionally stipulated time for detention without trial.
Meanwhile, the Federal High Court sitting in Abuja has deferred the arraignment of the former Chief of Defence Staff till March 7.
This comes after the former Chief of Defence Staff was accused of diverting over 3.9 billion Naira from accounts of the Nigerian Air Force by the EFCC.