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Tag: Ajudua

  • $1.69m fraud: Ajudua seeks fresh bail

    A Lagos socialite, Fred Ajudua, on Wednesday filed a fresh bail application before Justice Kudirat Jose at an Ikeja High Court.

    The News Agency of Nigeria (NAN) reports that Ajudua and one Charles Orie are being prosecuted by the Economic and Financial Crimes Commission (EFCC) for alleged financial scam.

    Both men are standing trial for allegedly defrauding two Dutch businessmen, Remy Cina and Pierre Vijgen of $1.69 million (N252.8 million).

    They were re-arraigned before Jose on Feb.5, following the transfer of the case from the former trial judge, Justice Joseph Oyewole.

    Ajudua was on Sept.10, 2013, granted a N50 million bail by Justice Ganiyu Safari of an Ikeja High Court, which he had yet to perfect.

    Moving the application on Wednesday, Ajudua’s counsel, Mr Charles Edosomwan (SAN), urged the court to grant him bail on liberal terms.

    Edosomwan said there was overwhelming medical evidence before the court that Ajudua was suffering from a life-threatening ailment.

    He argued that Ajudua was ready to face trial, contrary to the claim by the EFCC that he absconded, after he was granted bail on medical grounds in 2005.

    “All actions taken by him (Ajudua) were not to evade trial but to stay alive.

    “He was never arrested but he came back on his own,” Edosomwan added.

    He also tendered a medical report dated Aug.12,2013, issued by Dr Adebisi Ogunjimi of the Lagos University Teaching Hospital (LUTH), to support his submissions.

    “There are photographs attached, showing the first defendant (Ajudua) urinating blood at the hospital.

    “Granting him bail will enable him to access proper medical treatment, which was lacking in the prison system,” Edosomwan said.

    The judge, however, adjourned the matter till March 20, to hear the arguments of the EFCC.

    Meanwhile, she permitted Orie to continue to enjoy the bail granted to him by Oyewole on July 27, 2004.

  • Court rules on Ajudua’s case March 3

    Court rules on Ajudua’s case March 3

    An IKEJA High Court in Lagos will on March 3 rule on an application filed by a lawyer, Fred Ajudua, challenging its jurisdiction to hear the $5.9 million fraud case preferred against him by the Economic and Financial Crimes Commission (EFCC).

    Justice Atinuke Ipaye reserved ruling after listening to counsel to the defendant, Mr Olalekan Ojo and the prosecution counsel, Mr Seidu Atteh.

    The EFCC arraigned Ajudua for allegedly swindling a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi (rtd) of $5.9m (about N1billion) between November 2004 and June 2005, while they were remanded at Kirikiri Prison.

    Ajudua was alleged to have defrauded Bamaiyi through false claims that the money represented professional fees charged by Chief Afe Babalola (SAN) to handle the former army chief’s case and facilitate his release from prison.

    At the last hearing, Ajudua urged the court to compel the EFCC to prefer money laundering charges against Bamaiyi.

    He also challenged the competence of the 14-count fraud charge against him.

    Yesterday, Ojo sought the court’s order discharging the charge against his client, saying it was made under the repealed Advance Fee Fraud and Other Related Offences ACT 1995, Section 260(2) as amended by Act No.62 of 1999, thus making the charge fundamentally defective and liable to be quashed.

    He said the interpretation of Section 6(1) of the amended law was meant to cure and protect acts already done before the repealed Act. Arguing that the court has no jurisdiction over the matter, Ojo said Bamaiyi, in his petition to the EFCC, having confessed to crimes, such as aiding and abetting, money laundering and corrupting of public officers, is liable to be charged to court.

    Replying, the EFCC counsel said: “The repeal of the Advance Fee Fraud and Other Fraud Related Offences Act of 1995 as amended by Act No.62 of 1999 does not affect the offence that was committed then.”

    He urged the court to dismiss the application and ask Ajudua to take his plea.

  • Power failure stalls Ajudua’s bail application

    A Lagos High Court sitting in Ikeja yesteday failed to hear the bail application filed by Lagos socialite, Fred Ajudua, owing to power outage.

    The court presided over by Justice Kudirat Jose had hardly sat for five minutes when the court room was thrown into darkness.

    The trial judge conducted part of her court proceedings in darkness for about five minutes before suspending proceedings.

    She adjourned further hearing in the alleged fraudster’s bail application till March 12.

    Most other courts in the Ikeja High Court complex conducted their proceedings in darkness for a few minutes before suspending hearings due to heat in the court rooms.

    The Economic and Financial Crimes Commission (EFCC) had charged Ajudua to court for allegedly defrauding two Dutchmen, Remy Cina and Pierre Vijgen, of US$1.69m between July 1999 and September 2000

    Ajudua and co-defendant, Charles Orie were first arraigned by the EFCC before Justice Olubunmi Oyewole in 2003.

    They were re-arraigned before Justice Jose on a four-count charge of conspiracy, obtaining of money by false pretence and inducing payment by false pretence.

    The transfer of the case to Justice Jose was necessitated by the withdrawal of Justice Joseph Oyewole from the case, owing to the redeployment of High Court Judges.

  • Ajudua’s bail application stalled

    The Lagos High Court, Ikeja, on Thursday failed to hear the bail application filed by Lagos socialite, Fred Ajudua, due to power outage.

    The court presided over by Justice Kudirat Jose had hardly sat for five minutes when the court room was thrown into darkness due to the power outage.

    Justice Jose had been scheduled to hear the bail application filed by Ajudua.

    The judge conducted part of the proceedings in darkness for about five minutes before suspending the exercise.

    She has however adjourned further hearing on the application to March 12.

    The Economic and Financial Crimes Commission (EFCC) had charged Ajudua to court for allegedly defrauding two Dutchmen – Remy Cina and Pierre Vijgen, of $1.69 million between July 1999 and September 2000

    Ajudua and co-defendant, Charles Orie were first arraigned by the EFCC before Justice Olubunmi Oyewole in 2003.

    They were however re-arraigned before Justice Jose on a four-count charge of conspiracy, obtaining of money by false pretence and inducing payment by false pretence.

    The transfer of the case to Justice Jose was necessitated by the withdrawal of the former trial judge, Justice Joseph Oyewole, from the case, due to the redeployment of High Court Judges.

     

  • Ajudua seeks Bamaiyi’s trial for alleged money laundering

    Ajudua seeks Bamaiyi’s trial for alleged money laundering

    Popular lawyer, Mr Fred Ajudua, yesterday urged an Ikeja High Court to order the Economic and Financial Crimes Commission (EFCC) to charge a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi, (rtd.) with money laundering.

    Ajudua made the request in an application filed by his counsel, Mr Olalekan Ojo, before by Justice Oluwatoyin Ipaye.

    Ajudua challenged the competence of the 14-count charge preferred against him for allegedly defrauding Bamaiyi of about $5.9m (about N1billion). Ajudua’s request stalled his trial for the alleged offence.

    His counsel opposed a request by EFCC’s counsel Mr Seidu Atteh that Ajudua should take his plea yesterday. Citing previous Supreme Court decisions, Ojo said an application challenging the competence of the charges should be taken before the arraignment.

    The court ruled in Ajudua’s favour.

    Ajudua’s fresh application is also praying the court to quash the charges against him.

    He is seeking an order “directing and compelling the prosecution/respondent to prefer a criminal charge and/or arraign the underlisted persons for the offences of conspiracy, aiding and abetting, money laundering and corrupting of public officers: Gen. Ishaya Bamaiyi (rtd.), Lawal Danladi Yaro, Abdullahi Garba, Martha Bamaiyi, Garba Tagda, Mohammed Abubakar, Lt. Col. Timothy Chechet, Sam Kwendo Bandi.”

    In a written address filed in support of Ajudua’s application, Ojo argued that it was clear that Bamaiyi, from his statements, engaged in diverse acts of criminality.

    The EFCC arraigned Ajudua for allegedly swindling Bamaiyi of $5.9m (about N1bn) between November 2004 and June 2005.

    The commission alleged that Ajudua defrauded Bamaiyi while they were remanded at Kirikiri prison in Lagos, adding that the money represented the professional fees charged by Chief Afe Babalola (SAN) to handle Bamaiyi’s case and facilitate his release from detention.

    Justice Ipaye ordered EFCC to respond to the application within seven day. The defendant was ordered to file his reply, if any, within two days of EFCC’s counter-affidavit. The case was adjourned till February 27 for the hearing of the application.

  • $1.69m fraud: Ajudua’s case transferred to another judge

    The trial of a Lagos socialite, Fred Ajudua, accused of $1.69 million fraud did not go on as scheduled at a Lagos High Court, Ikeja, on Tuesday
    This was because the matter has been reassigned to a new judge, Justice Kudirat Jose, who took over his case file on Tuesday.
    In addition, Ajudua’s rearraignment did not take place as the counsel to the Economic and Financial Crimes Commission (EFCC), Mr. Wemimo Ogunde (SAN) was absent in court.
    Ajudua’s last appearance in court in respect of the matter was in September last year when he argued his bail application before a vacation judge, Justice Ganiyu Safari.
    At the resumed trial of the charges preferred on Tuesday, a visibly weak Ajudua was in court.
    He looked pale and tired as he was assisted into the courtroom by one of the prison officials.
    He walked into the courtroom with lot of efforts.
    Throughout the proceeding, Ajudua lied on the pew (bench) provided for defendants who came for trials.
    The new judge adjourned the hearing till February 5 and to enable her update herself with the case.

  • $1.69m fraud: Ajudua gets N50m bail

    $1.69m fraud: Ajudua gets N50m bail

    An Ikeja High Court yesterday granted bail to a former Lagos socialite, Fred Ajudua, who has been on trial for an alleged $1.69 million (N270 million) fraud.

    The News Agency of Nigeria (NAN) reports that Ajudua was granted bail by a vacation judge, Justice Ganiyu Safari, on health grounds.

    His counsel, Olalekan Ojo, filed the application on August 19, praying the court to grant him bail on “exceptional circumstances”.

    Counsel to the Economic and Financial Crimes Commission (EFCC) Wemimo Ogunde (SAN) opposed the application, claiming that Ajudua would abscond, if granted bail.

    Ruling on the application, Justice Safari granted Ajudua a bail of N50 million and two sureties.

    The judge said it was evident that the accused was suffering from complicated ailments, which needed proper medical attention.

    He noted that the medical report attached to the application issued by Dr Adebisi Ogunjimi of the Lagos University Teaching Hospital (LUTH) showed that Ajudua was “gravely ill.’’

    Safari said the medical facilities at the Kirikiri Maximum Prisons, where Ajudua was being remanded, could not provide proper treatment for him.

    The judge said: “There is no doubt that the medical condition of an applicant can warrant the granting of bail in exceptional circumstances.

    “The applicant (Ajudua) is currently on admission at LUTH after he was rushed there on August 3, following his inability to urinate.

    “The applicant has only one kidney and is also suffering from hypertension.”

    According to Safari, Ajudua’s health condition should not be allowed to worsen, while the trial was still going on.

    The judge, however, said that Ajudua had abused the previous bail granted him in February 2005 by Justice Joseph Oyewole.

    “The accused travelled to India to receive treatment at Grant Medical Foundation and he thereafter, refused to attend court proceedings, leading to over 40 adjournments,” he said.

    Justice Safari said the court had no option than to grant Ajudua bail on stringent terms to ensure that the trial was not stalled again.

    He directed the sureties to deposit the title deeds of their buildings in Lagos to the court’s Chief Registrar.

    He also directed them to produce three years’ tax clearance from the Lagos State government.

    In addition, Ajudua was also asked to deposit his international passport with the Chief Registrar and was barred from travelling outside Nigeria without the court’s permission.

    NAN reports that Ajudua and Charles Orie are on trial for allegedly defrauding two Dutch businessmen –Remy Cina and Pierre Vijgen – of $1.69 million (N270 million).

    The fresh bail application, which was granted by Safari was the fourth to be filed by Ajudua since the trial began in 2003.

     

  • Alleged fraud: Ajudua seeks change of trial judge

    A one-time Lagos socialite, Fred Ajudua, on Monday filed an application before a Lagos High Court, Ikeja, seeking a change of thejudge hearing charges of fraud preferred against him.

    The News Agency of Nigeria (NAN) reports that Ajudua and his associate Charles Orie, are standing trial before Justice Joseph Oyewole for allegedly defrauding two Dutch nationals few years ago.

    They were arraigned on May 30, 2003, for allegedly defrauding Messrs Remy Cina and Pierre Vijgen, of 1.69 million US dollars (N252.8 million).

    During Monday’s proceedings, Ajudua’s counsel, Mr. Allens Agbaka, said the defence had petitioned the Chief Judge of Lagos State, Justice Ayotunde Phillips, to remove Oyewole from presiding over the trial.

    Agbaka also sought for an adjournment of the trial, pending the decision of Phillips to transfer the case to another judge.

    In the application– which was supported by a six-paragraph affidavit– Agbaka alleged that Oyewole had made a prejudicial remark while ruling on Ajudua’s bail application on June 25.

    The defence counsel said the judge’s claim that his client would tamper with the prosecution witnesses was prejudicial to the fair trial of the case.

    He said:”The learned presiding judge, in making those remarks, has given cause for reasonable apprehension that the first accused (Ajudua) has been found guilty, even before the conclusion of the trial.”

    The EFCC counsel, Mr. Wemimo Ogunde (SAN), told the court that he needed time to respond to the application.

    NAN reports that the matter was adjourned till September 24 for further hearing.

     

  • Alleged $1.69m fraud: Court dismisses Ajudua’s application

    Lagos lawyer and alleged fraudster, Fred Ajudua, has lost an attempt to regain freedom.

    A Lagos High Court, Ikeja presided over by Justice Olubunmi Oyewole yesterday dismissed his application in which he was asking the court to quash the $1.6 million fraud charge brought against him by the Economic and Financial Crimes Commission (EFCC) since 2003.

    Justice Oyewole dismissed Ajudua’s application for lack of merit.

    He held that the application challenged the fundamentals of the Administration of Criminal Justice Law.

    Justice Oyewole said granting Ajudua’s application would affect the credibility of the criminal justice system with regard to the protection of witnesses.

    Although the complainant has withdrawn from the case and filed an affidavit before the court for the discontinuity of proceedings, the judge held that he was not responsible for the prosecution of the case and therefore could not terminate it.

    Justice Oyewole said if the prosecution has reached a dead end in the case, it would say so, “otherwise the defence cannot terminate the case even at the withdrawal of the witness as claimed by the defence.”

    He described as strange, the application “coming at this stage of the trial.”

    Justice Oyewole said the testimonies of the six witnesses are already before the court and none of them will be touched until the statements of other witnesses are analysed.

    He said testimony in a criminal trial is not at the discretion of the witness.

    Ajudua was arraigned with Charles Orie in 2003 for allegedly defrauding two Dutch businessmen, Remy Cina and Pierre Vijgen, of $1.6 million between July 1999 and September 2000.

    The suspect absconded after being granted bail by Justice Oyewole.

    The judge issued a warrant for his arrest but the police were unable to produce him in court since then, prompting adjournments.

    Ajudua in a Motion on Notice dated June 7, filed through his counsel, Mr. Alex Agba, argued that since the complainant had withdrawn the case and filed an affidavit before the court, it should quash the charge.

    In the application, supported by a 16-paragraph affidavit, Agba said each case should be treated on its peculiarity.

    He told the court that further hearing in the matter would be a waste of time as the witness that is supposed to testify has indicated his unwillingness to continue with the matter.

    On his bail application, the judge adjourned further hearing till tomorrow.

    Ajudua’s counsel, Agba, had asked the court to restore the bail of his client revoked on December 15, 2005, with the same condition and with an additional surety.

    He said alternatively, the suspect should be granted a fresh bail with the conditions the court deems fit while the trial lasts.

    Agba read to the court a letter from the Lagos University Teaching Hospital (LUTH), Idi-Araba to substantiate his claim that his client was suffering from a complicated ailment and again urged the court to grant the application, adding that the dead cannot stand trial.

    But EFCC’s counsel, Mr. Wemimo Ogunde (SAN), opposed the bail, saying the defendant, having delayed the trial for seven years, should no longer enjoy such right.

    He indicated readiness for a speedy trial.

    Ajudua was, however, returned to the prison custody. Ruling on the bail application has been adjourned till tomorrow.

     

  • Alleged $1.69m fraud: Ajudua’s bail verdict today

    A Lagos High Court, Ikeja presided over by Justice Olubunmi Oyewole will today rule on an application for bail filed by a lawyer and an alleged fraudster, Fred Ajudua.

    Ajudua, who has been remanded in the prison custody by the court since June 11, is asking the court to quash the charges brought against him by the Economic and Financial Crimes Commission (EFCC).

    The EFCC is prosecuting Ajudua for allegedly defrauding two Dutch businessmen – Messrs Remy Cina and Pierre Vijgen, of $1.69 million (N252.8 million).

    At the resumed hearing of the matter yesterday before Justice Oyewole, Ajudua’s counsel, Mr. Alex Agba, urged the court to quash the charges brought against his client.

    He also prayed the court to treat each charge on its own peculiarity.

    In a Motion On Notice dated June 7, which is supported by a 16-paragraph affidavit, Agba argued that since the complainant has withdrawn the case and filed an affidavit before the court towards this purpose, the court should quash the charge.

    Agba told the court that the witness that is supposed to testify has travelled to Nigeria to indicate his unwillingness to continue with the matter.

    In view of this, he submitted that any further hearing in the matter would be a waste of time of the court.

    Counsel to the EFCC, Mr. Wemimo Ogunde (SAN), however, opposed his submission.

    He said it is not known in law for a victim to come to court to file an affidavit of discontinuance on which the defence will predicate its application for charges to be quashed.

    Ogunde said since the case is part- heard and other witnesses have testified, a court cannot quash charges without analysing what other witnesses have said.

    The EFCC counsel described as speculative that the victim filed an application to discontinue with the matter.

    He said the court could not speculate until the prosecution concluded its case and the defence filed a no-case submission or before the trial started.

    Earlier, Ajudua’s counsel had moved an application that the court should restore the bail revoked from his client on December 15, 2005 with the same condition.

    In the alternative, Agba asked the court to grant a fresh bail with the conditions the court deems fit while the trial lasts.

    The bail application was, however, part-heard as Ajudua’s counsel asked for more time to place further proof before the court to back his claim that his client was suffering from a complicated ailment.

    Justice Oyewole stood down the application to enable Ajudua furnish the court with additional proofs.

    The trial judge adjourned till today, ruling on the application of the defence seeking to quash the charges brought against him by the EFCC.

    Ajudua was taken back to the prison custody yesterday pending the time his bail application would be fully heard.