$8.395m Fraud: Appeal Court Overrules Lower Court, Grants Alleged Fraud Kingpin, Ajudua Bail

$8.395m Fraud: Appeal Court Overrules Lower Court, Grants Alleged Fraud Kingpin, Ajudua Bail

Temporary reprieve came the way of alleged fraud kingpin, Fred Ajudua, who is being prosecuted for allegedly defrauding former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi (rtd.) of about $8.395 million  as the Lagos Division of the Court of Appeal on Thursday granted him bail.

The appellate court, which set aside the ruling of Justice Oluwatoyin Ipaye of the Lagos High Court in Ikeja, also granted Ajudua leave to seek medical treatment abroad.

It will be recalled that Justice Ipaye in turning down the accused person request had referred to Ajudua’s antecedents in a separate criminal matters before another Lagos State High Court, in which the accused had not only jumped bail but also allegedly interfered with the court process.

The Economic and Financial Crime Commission (EFCC) had accused Ajudua of conspiring with others (still at large) to perpetrate the fraud between November 2004 and June 2005.

Ajudua was dragged before the court by the EFCC on a 13 count charge of conspiracy and fraud.

Also mention in the charge but said to still be at large are Alumile Adedeji (a.k.a Ade Bendel), Princess Hamabon William and one Keneth.

According to the commission, the defendant defrauded Bamaiyi while they were both on remand at Kirikiri Maximum Prison in Lagos for separate alleged crimes.

The anti-graft agency also alleged that Ajudua obtained the money from Bamaiyi by claiming that it represented the professional fees charged by Chief Afe Babalola (SAN) to handle his case.

He is also alleged to have claimed that the money would help to facilitate Bamaiyi's release from prison.

Dissatisfied with the ruling of the lower court, Ajudua appealed the decision through his counsel, Olalekan Ojo praying the appellate court to set it aside.

The upper court in its lead judgement on Thursday delivered by Justice Rita Pemu held that Ajudua could only stand for trial if preserved alive.

The court in the unanimously judgement adopted by two other members of the panel namely; Justice C E Iyizoba and Justice JY Tukur respectively held that the charge preferred against Ajudua by the EFCC does not attract capital punishment hence its a bailable offence.

The court also observed from the medical report presented at the lower court that Ajudua has been a patient at the Lagos University Teaching Hospital, LUTH for kidney related illness as far back as 1987.

The appellate further noted that "He was already a sick man at the time the charge was filed againt him. The lower court turned a blind eye to the plight of the appellant (Ajudua)".

"A man with just one kidney is a walking carcass. Although his reputation is found wanting, he has not been convicted. The court ought to show mercy as a result of his health challenges", Justice Pemu held.

On the claim by the EFCC that Ajudua will interfere with witnesses, Justice pemu held that the anti-graft agency failed to show calculated attempt made by appllant to do so.

The court, therefore, granted Ajudua bail in the sum of N10 million with two sureties in like sum.

The sureties, according to the upper court, must have property worth N50 million in Lagos.

The court also mandated the accused persons to sign an undertaking that he would remain in Nigeria throughout his trial unless there was need for him to travel abroad for treatment.

However, Ajudua second appeal No- CA/L/693A, challenging the refusal of the lower court to allow him make extra-judicial statement in response to the allegations levelled against him was dismissed by the court.

Justice Pemu upheld the ruling of the lower court on the ground that Ajudua was given opportunity to make statements but he chose mot to do so.

"It's appeallnt's constitutional right but he chose to waive it. The court cannot teach the Police how to carry out its investigation. The court cannot also force defedant to make statement"".

Ajudua had in his appeal formulated four issues for determination and urged the court to determine whether the lower court was right when it refused to admit the appellant on bail despite his heath condition.

His lawyer maintained that the facilities at the Kirikiri Maximum Prison is grossly inadequate and cannot take care of Ajudua's health.

Besides, he argued that because of the peculiar and complicated nature of Ajudua's ailment, he requires specialist with Hi-tech medical equipment to manage his health effectively.

On the issue of extra-judicial statement, Ojo argued that it is that duty of court in all cases particularly in criminal cases and where the liberty of the accused is at stake to ensure that justice is done.

He urged the court to allow his appeal and set aside the ruling of the lower court.

In his response, lawyer to the EFCC lawyer, Saidu Atteh submitted that the medical need of Ajudua can be taken care of where he is detained and that should the need arise, the EFCC is prepared to provide medical services for him within the jurisdiction of the court.

Atteh argued that the appellant’s health can be managed at the Lagos Teaching Hospital adding that Ajudua would not honour the terms of his bail condition and that there is a high probability that he would abscond.

EFCC further argued that Ajudua will interfere with the witnesses as he had allegedly done in past.

He urged the court to dismiss the appeal.