The Lagos High Court sitting in Ikeja has refused a fresh bail application filed by businessman Fred Ajudua, who is standing trial for allegedly defrauding a Palestinian national of over $1m.
Justice Mojisola Dada of the Special Offences Division declined the application brought by Ajudua’s lawyer, Olalekan Ojo (SAN), citing the pendency of related matters before the Supreme Court.
At Wednesday’s hearing, Ojo told the court that his client, who appeared in court aided by medical personnel from the Lagos University Teaching Hospital (LUTH), suffers from chronic kidney disease and urgently requires medical care. He urged the court to grant bail on health grounds.
However, the prosecuting counsel from the Economic and Financial Crimes Commission (EFCC), Seidu Atteh, opposed the application, arguing that since Ajudua already has matters pending before the Supreme Court, including a move to overturn earlier judgments, the bail request ought to be directed to the apex court.
But Ojo argued that the bail plea was distinct from the issues before the Supreme Court and should be treated independently.
Ruling on the matter, Justice Dada said the ongoing Supreme Court proceedings tied the hands of the lower court, adding that she was “constrained” from making any decision on the application until the apex court rules.
“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,” the judge held. “I will abide by the decisions of the Supreme Court,” she added.
The case was adjourned to October 10, October 31, and November 20 for continuation of the trial.
Ajudua is accused of defrauding Palestinian businessman Zad Abu Zalaf of $1,043,000 under false pretences.
Earlier in the proceedings, the EFCC presented its third witness, an agency investigator, Afanda Bashir Emmanuel, who told the court he became involved in the case in 2005 after it was transferred from the Special Fraud Unit of the police to the EFCC’s Advance Fee Fraud Section.
He testified that in the course of investigations, the EFCC contacted various institutions, including the Nigerian Police, the Central Bank of Nigeria (CBN), the Nigerian National Petroleum Company Limited (NNPCL), and the Commission’s forensic unit for relevant documents.
The defence objected to the admissibility of some of the documents, claiming they were neither originals nor certified copies. After reviewing arguments from both sides, Justice Dada admitted two documents as exhibits and rejected two others.
The court adjourned to allow the defence time to prepare for cross-examination.
The case, which originated in 2005 before Justice Morenike Obadina, has faced numerous delays, largely attributed to legal objections raised by the defence. It was later reassigned to Justice Josephine Oyefeso and eventually to Justice Dada. Ajudua was formally re-arraigned in 2018.
Although the Court of Appeal granted Ajudua bail on September 10, 2018, following an earlier denial by Justice Dada, the EFCC challenged that ruling at the Supreme Court.
The apex court sided with the anti-graft agency, stating that the case should continue before Justice Dada and dismissed the appeal for a fresh trial before a new judge.
