Alleged Fraud: Court Declines Fresh Bail Request by Fred Ajudua Over Health Grounds

A Lagos High Court sitting in Ikeja has declined to grant a fresh bail application filed by businessman Fred Ajudua, who is currently standing trial for alleged fraud amounting to over one million dollars.

Ajudua, who appeared in court assisted by medical personnel from the Lagos University Teaching Hospital (LUTH), requested to be released on bail to enable him access urgent medical treatment for a chronic kidney condition. His counsel, Olalekan Ojo (SAN), pleaded with the court to consider his deteriorating health, arguing, “Only the living can face trial.”

The defence urged Justice Mojisola Dada of the Special Offences Division to approve the application pending the outcome of the case.

However, the Economic and Financial Crimes Commission (EFCC) through its counsel, Seidu Atteh, objected to the request. Atteh informed the court that Ajudua already had pending matters before the Supreme Court and argued that any bail-related requests should be addressed at that level.

Ojo, however, countered the argument, insisting that his client’s case before the Supreme Court was unrelated to the current bail plea. He maintained that the application to set aside a previous Supreme Court ruling had no bearing on the trial court’s power to grant bail.

After listening to both sides, Justice Dada ruled that she was bound to await the decision of the Supreme Court. “In view of the applications filed at the Supreme Court, I am constrained to make any decision with respect to this instant application filed by the defence counsel. I will abide by the decisions of the Supreme Court,” she said.

The judge subsequently adjourned the trial to October 10, October 31, and November 20.

Ajudua is being prosecuted by the EFCC for allegedly defrauding a Palestinian, Zad Abu Zalaf, of $1,043,000 under false pretences.

Earlier during Wednesday’s proceedings, the court took testimony from the third prosecution witness, EFCC investigator Afanda Bashir Emmanuel. The investigator explained that the case was handed over to the EFCC by the Nigerian Police Special Fraud Unit in 2005. He also told the court that multiple agencies, including the Central Bank of Nigeria (CBN) and the Nigerian National Petroleum Company Limited (NNPCL), were contacted for documents during the investigation.

An attempt by the EFCC to tender some of those documents was resisted by the defence counsel, who argued they were inadmissible as they were neither original copies nor certified true copies of public documents.

After reviewing the submissions, Justice Dada admitted two of the documents into evidence and rejected the others. The court allowed time for the defence to prepare for cross-examination of the witness.

The case, which dates back to 2005, has faced several delays attributed to legal technicalities. Initially heard by Justice Morenike Obadina, the matter was later transferred to Justice Josephine Oyefeso and then to Justice Dada. Ajudua was formally arraigned on June 4, 2018.

Following an earlier denial of bail by Justice Dada, Ajudua approached the Court of Appeal, which granted him bail on September 10, 2018. The EFCC, dissatisfied with that decision, escalated the matter to the Supreme Court. The apex court later ruled in favour of the EFCC, directing that Justice Dada should resume and continue hearing the case.