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Tag: Fred Ajudua

  • Alleged $1.043m fraud: Court declines bail for Ajudua

    Alleged $1.043m fraud: Court declines bail for Ajudua

    An Ikeja Special Offences Court yesterday refused bail application filed by Fred Ajudua seeking the order of the court to release him on health grounds.

    Justice Mojisola Dada took the decision while ruling on the bail application filed by Ajudua before her court

    Ajudua is standing trial for allegedly obtaining the sum of $1,043,000 from a Palestinian, Zad Abu Zalaf, in fraudulent circumstances. 

    The charges were brought against him by the Economic and Financial Crimes Commission (EFCC)

    Justice Dada, while delivering the ruling on his bail application, said there was no new circumstance in the two medical reports from the Lagos University Teaching Hospital, (LUTH) by the defendant that could have warranted the court to grant him bail.

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    Dada held that the said medical reports did not show that LUTH could not manage the ailment of the defendant.

    The judge said there is nothing alarming in the application to warrant change in the circumstance of the defendant.

     “The application is unmeritorious and the application is hereby struck out,” Justice Dada held .

    Ajudua’s counsel, Mr Olalekan Ojo (SAN), thereafter, informed the court of an application dated November 17, challenging the competence of the third prosecution witness (pw3) to continue in his evidence.

  • Alleged $1.04m fraud: Supreme Court orders Fred Ajudua’s remand in prison pending trial

    Alleged $1.04m fraud: Supreme Court orders Fred Ajudua’s remand in prison pending trial

    • Revokes bail granted by Appeal Court

    The Supreme Court has ordered that Lagos socialite, Fred Ajudua, should be returned to prison custody preparatory to the resumption of his trial in relation to a $1,043,000 fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).

    A five-member panel of the apex court issued the order in a unanimous judgment rendered yesterday in an appeal marked: SC/CR/51/2019, filed in the name of the Federal Republic of Nigeria (FRN) by the EFCC, with Ajudua as the sole respondent.

    In the lead judgment by Justice Chioma Nwosu-Iheme, the apex court revoked the bail granted Ajudua by the Court of Appeal in Lagos in a judgment delivered on December 10, 2018.

    Justice Nwosu-Iheme held that the Court of Appeal had no jurisdiction to grant the bail it granted Ajudua in the December 10, 2018 judgment, having found incompetent the brief of argument filed in Ajudua’s appeal against a July 5, 2018 ruling by Justice Mojisola Dada of the High Court of Lagos State, Ikeja, rejecting his request for pre-trial bail.

     The judge further held that having found that Ajudua’s brief of argument was incompetent and proceeded to strike it out, the Court of Appeal was wrong to have still considered the incompetent brief and granted the appellant’s prayer for pre-trial bail.

    She said: “It is crystal clear that the lower court was on all fours with the law when it declared the appellant’s brief of argument incompetent and struck it out.

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    “At that point, the appellant’s (Ajudua’s) appeal was extinguished. There was therefore, nothing more to consider in that appeal. The lower court, at that point, had no jurisdiction to proceed further. It had become functus officio.”

     Justice Nwosu-Iheme held that the action of the lower court, in proceeding to consider the arguments canvassed in the brief of argument it earlier found to be incompetent, was an exercise in futility and a complete nullity.

    She added: “Since the lower court had no jurisdiction to consider other issues canvassed in the brief of argument, which it had declared incompetent and struck out, it would amount to an academic exercise to delve into any other issue in the appeal.

    “This appeal, having been determined on the issue of jurisdiction alone, the issue of bail is inseparable from the appeal itself.

     “This appeal succeeds and it is hereby allowed. The decision of the trial court dated the 5th day of July 2018 refusing bail to the respondent (Ajudua) is hereby restored.

     “The respondent is to be remanded in prison custody. Accordingly, this case is remitted back to the Chief Judge of Lagos State to be assigned to the same trial judge, M. A. Dada J for the continuation of speedy trial and determination within the shortest possible time,” Justice Nwosu-Iheme said.

    The Embassy of the State of Palestine had, in a letter dated August 26, 1993 to the then Minister of Foreign Affairs and copied the IGP, accused Ajudua of obtaining $1,043,000 by false pretence from a Palestinian, Ziad Abu Zalaf, who was then based in Germany.

     Upon the completion of investigation, the EFCC filed a 12-count charge against Ajudua before the High Court of Lagos State in Ikeja.

     In the charge, the EFCC alleged among others, that Ajudua conspired with one Joseph Ochunor, who is still at large, to obtain money by false pretences from Ziad Abu Zalaf of Technical International Ltd., a division of Mystic Company Ltd., a German-based company.

     It also alleged that, with intent to defraud, Ajudua and Ochunor obtained $268,000 on April 2, 1993 from Zalaf and on May 12, 1993 again obtained the sum of $225,000 from Zalaf.

    The EFCC equally claimed that Ajudua and Ochunor, in a bid to give credence to the alleged scam, forged a Central Bank of Nigeria (CBN) receipt and Nigerian National Petroleum Corporation (NNPC) and presented it to the foreigner as genuine.

     Ajudua was subsequently arraigned. But before trial could commence, his lawyer, Olalekan Ojo, brought an application for pre-trial bail, claiming his client was suffering from serious health challenge.

     In a ruling on July 5, 2018, Justice Dada refused the bail application and ordered him to submit himself for trial; a decision Ajudua appealed at the Court of Appeal in Lagos.

    In its judgment on December 10, 2018, a three-member panel of the Court of Appeal reversed Justice Dada’s decision and granted bail to Ajudua.

     Justice Mohammed Garba, in the lead judgment of the Court of Appeal, held, among others, that bail is a constitutional right, which the appellant (Ajudua) ought to enjoy.

     The EFCC was dissatisfied with the decision of the Court of Appeal and challenged it at the Supreme Court, which appeal the apex court allowed in its judgment yesterday and proceeded to restore the earlier decision of Justice Dada denying bail to Ajudua.

  • Alleged $1.04m fraud: Supreme Court orders Fred Ajudua’s remand in prison pending trial

    Alleged $1.04m fraud: Supreme Court orders Fred Ajudua’s remand in prison pending trial

    …revokes bail granted by Appeal Court

    …orders return of case to Justice Dada for swift trial

    The Supreme Court has ordered that Lagos socialite, Fred Ajudua, should be returned to prison custody preparatory to the resumption of his trial in relation to a $1,043,000 fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).

    A five-member panel of the apex court issued the order in a unanimous judgment rendered on Friday in an appeal, marked SC/CR/51/2019, filed in the name of the Federal Republic of Nigeria (FRN) by the EFCC, with Ajudua as the sole respondent.

    In the lead judgment by Justice Chioma Nwosu-Iheme, the apex court revoked the bail granted to Ajudua by the Court of Appeal in Lagos in a judgment delivered on December 10, 2018.

    Justice Nwosu-Iheme held that the Court of Appeal had no jurisdiction to grant the bail it granted Ajudua in the December 10, 2018 judgment, having found incompetent the brief of argument filed in Ajudua’s appeal against a July 5, 2018 ruling by Justice Mojisola Dada of the High Court of Lagos State, Ikeja, rejecting his request for pre-trial bail.

    The judge further held that, having found that Ajudua’s brief of argument was incompetent and proceeded to strike it out, the Court of Appeal was wrong to have still considered the incompetent brief and granted the appellant’s prayer for pre-trial bail.

    She said, “It is crystal clear that the lower court was on all fours with the law when it declared the appellant’s brief of argument incompetent and struck it out.

    “At that point, the appellant’s (Ajudua’s) appeal was extinguished. There was, therefore, nothing more to consider in that appeal. The lower court, at that point, had no jurisdiction to proceed further. It had become functus officio.”

    Justice Nwosu-Iheme held that the action of the lower court, in proceeding to consider the arguments canvassed in the brief of argument it had earlier found to be incompetent, was an exercise in futility and a complete nullity.

    She added, “Since the lower court had no jurisdiction to consider other issues canvassed in the brief of argument, which it had declared incompetent and struck out, it would amount to an academic exercise to delve into any other issue in the appeal.

    “This appeal, having been determined on the issue of jurisdiction alone, the issue of bail is inseparable from the appeal itself.

    “This appeal succeeds, and it is hereby allowed. The decision of the trial court dated the 5th day of July 2018 refusing bail to the respondent (Ajudua) is hereby restored.

    “The respondent is to be remanded in prison custody. Accordingly, this case is remitted back to the Chief Judge of Lagos State to be assigned to the same trial judge, M. A. Dada J, for the continuation of speedy trial and determination within the shortest possible time,” Justice Nwosu-Iheme said.

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    The Embassy of the State of Palestine had, in a letter dated August 26, 1993, to the then Minister of Foreign Affairs and copied to the IGP, accused Ajudua of obtaining $1,043,000 by false pretence from a Palestinian, Ziad Abu Zalaf, who was then based in Germany.

    Upon the completion of the investigation, the EFCC filed a 12-count charge against Ajudua before the High Court of Lagos State in Ikeja.

    In the charge, the EFCC alleged among others , that Ajudua conspired with one Joseph Ochunor, who is still at large, to obtain money by false pretences from Ziad Abu Zalaf of Technical International Ltd., a division of Mystic Company Ltd., a German-based company.

    It also alleged that, with intent to defraud, Ajudua and Ochunor obtained $268,000 on April 2, 1993, from Zalaf and, on May 12, 1993, again obtained the sum of $225,000 from Zalaf.

    The EFCC equally claimed that Ajudua and Ochunor, in a bid to give credence to the alleged scam, forged a Central Bank of Nigeria (CBN) receipt and Nigerian National Petroleum Corporation (NNPC) and presented it to the foreigner as genuine.

    Ajudua was subsequently arraigned. But, before trial could commence, his lawyer, Olalekan Ojo, brought an application for pre-trial bail, claiming his client was suffering from a serious health challenge.

    In a ruling on July 5, 2018, Justice Dada refused the bail application and ordered him to submit himself for trial, a decision Ajudua appealed at the Court of Appeal in Lagos.

    In its judgment on December 10, 2018, a three-member panel of the Court of Appeal reversed Justice Dada’s decision and granted bail to Ajudua.

    Justice Mohammed Garba, in the lead judgment of the Court of Appeal, held, among others, that bail is a constitutional right, which the appellant (Ajudua) ought to enjoy.

    The EFCC was dissatisfied with the decision of the Court of Appeal and challenged it at the Supreme Court, which appeal the apex court allowed in its judgment on Friday and proceeded to restore the earlier decision of Justice Dada denying bail to Ajudua.

  • Bamaiyi: I gave money to Ajudua to get best lawyer for me

    Former Chief of Army Staff, Lt. General Ishaya Bamaiyi, yesterday told an Ikeja High Court that he gave money to Fred Ajudua to get a very good lawyer to secure his freedom.

    He denied claims by the defence that he gave money to Ajudua to bribe Justice Olubunmi Oyewole, who was  handling his trial in 2006 at Ikeja High Court.

    Bamaiyi stated this while being crossed-examined by counsel to Ajudua, Olalekan Ojo (SAN).

    Bamaiyi explained that he agreed to suggestion by Ajudua to reach out because he was in prison and wanted to get freedom by all means.

    Ajudua is standing trial before Justice Josephine Oyefeso for allegedly defrauding Bamaiyi of $8.4m in 2004 while they were both in custody of the Kirikiri Prisons, Lagos.

    The EFCC alleged that Ajudua defrauded Bamaiyi of the money while they were both on remand at Kirikiri Prison, Lagos.

    Ajudua is standing trial for allegedly defrauding General Bamaiyi of $8.4 million when they were both in Kirikiri Prisons for different offences.

    While Ajudua was in the prison for an alleged fraud related offence, Bamaiyi was in the facility in relation to the attempt on the life the publisher of The Guardian, Mr Alex Ibru.

    General Bamayi was later discharged and acquitted of the alleged offence.

    At the resumption of the proceedings yesterday, Ojo reminded Bamaiyi of the oath he took earlier before the court after which he confirmed that he gave money to Ajudua to help him get “a good lawyer” who will bring him out of prison.

    Responding to questions from Ojo, Gen. Bamaiyi said: “I agreed with Ajudua’s suggestion because I believed they were truthful. He brought the idea to me and I agreed because I wanted to secure my freedom. If anybody is in trouble, he will do anything to get out of trouble”.

    Bamaiyi said he knows it is wrong for anyone to offer any judicial official bribe.

    “I know it is wrong to compromise a judicial official. I don’t see anything wrong in reaching out to anybody as long as what you are sending him for, is reasonable.

    “He deceived me, he never told me he was going to pay any judicial official on my behalf.  His suggestion to me is to get a very good lawyer, not judicial official”, he said.

    Bamaiyi, however, said Ajudua never suggested meeting officials of the Lagos State Government and that he never sent him to bribe any official on his behalf.

    “He never suggested to me about meeting any official of the Lagos State Government to secure my freedom and I never instructed him to meet anyone on my behalf”, he said.

    He also denied sending one Daniel Amos to bribe anybody to facilitate his release from prison.

    Asked by Ojo the number of times he sent errand to any judicial officer, Bamaiyi said: “I never did”.

    He also told the court that he was not aware that Daniel Amos made a written statement on his behalf at the EFCC, but that he personally made some statements at the commission’s office.

    “I can remember I wrote one of such statements in June 2006, but I can’t recollect when I wrote other statements.”

    Read also: Ajudua to Bamaiyi: show proof of source of $8.4m

    At that stage, the defence counsel, Ojo, called for the original copy of the statement the witness made at the EFCC’ s office from the prosecuting counsel, Seidu Atteh.

    Atteh told the court that he might have mistakenly put it in another matter involving the defendant.

    Atteh urged the defence counsel to continue with his cross-examination on other areas, promising to produce the statement at the next adjourned date.

    But Ojo refused, insisting that the prosecution lacked the competence to dictate to him how to conduct his cross-examination of Bamaiyi and asked for an adjournment.

    Ruling on the matter, Justice Josephine Oyefeso held that the prosecution cannot tell the defence how to  conduct its cross-examination.

    She, thereafter, ordered the prosecuting counsel to provide the relevant documents as required by the defence on the next adjourned date.

    Justice Oyefeso subsequently adjourned till May 8 for continuation of cross- examination and trial.

     

  • How Ajudua duped me of $8.4 million, by Bamaiyi

    FORMER Chief of Army Staff Lt-Gen. Ishaya Bamaiyi (retd) yesterday told an Ikeja High Court how he was allegedly duped of  $8.4 million by a Lagos lawyer and socialite, Fred Ajudua.

    Gen. Bamaiyi and Ajudua were both incarcerated at Kirikiri in 2012, when the alleged fraud took place.

    Bamaiyi was imprisoned for the attempted murder of Alex Ibru. Ajudua was in prison for fraud.

    He was led in evidence before Justice Josephine Oyefeso by  Economic and Financial Crimes Commission (EFCC) prosecutor Mr. Seidu Atteh.

    Bamaiyi told the court that he collected the money from his friends, wife and workers after Ajudua told him that he would help him engage the services of Chief Afe Babalola (SAN) and also help in influencing Justice Joseph Oyewole, who was then handling his case.

    According to him, Ajudua,  in 2004, collected money from him and his associates six times. In 2005, he said Ajudua collected money from the same categories of people 19 times.

    “When on admission at the Lagos University Teaching Hospital (LUTH), Idi-Araba, my friends and personal staff delivered money to him while in prison. He also collected money from my wife twice – once inside the prison and the other one outside the prison.

    “Anytime money was released by me or any of my staff, I recorded them in my diary and anytime money was released both in the hospital and out of the hospital, he would call me on phone to confirm,” he said.

    Bamaiyi told the court that there was a time he was worried and demanded to meet Chief Afe  Babalola.

    “Instead, one Barrister Richard Oma came and met me in prison. He claimed to have come from Chambers of Chief Afe Babalola. But to my surprise, he did not come with any letter from Chief Afe Babalola’s Chambers.

    “Later, he came with another letter, which did not carry any logo from the Chambers of Chief Afe Babalola to me in the prison custody. I collected the letter from him,” he said.

    The former Chief of Army Staff said a man, named Kenneth, came to him in the prison custody and  claimed to be from Department of State Security Services.

    “He said he came from General Aliyu Gusau, the then National Security Adviser (NSA). He said Gusau and Obasanjo had met and they discussed my issue and they want to be assured that I will not cause trouble, if I am released from the custody.

    “I told him I had no problem with the President. He told me to write an undertaking that I will not cause trouble, if released. I told him I will not write any undertaking,” Bamaiyi said.

    Following his refusal, he said Ajudua, one Jonathan, who was a personal assistant to Ajudua and another alleged fraudster, Alumile Adedeji, popularly called Ade Bendel, collected money from him with intentions of securing the services of Chief Afe Babalola.

    Read also: Between history and Bamaiyi’s ‘vindication’

    “On November 22 , 2004, in the presence of ACP Garba, I gave the sum of $20,000 to one Jonathan, who was the personal assistant of the defendant. On November 30, my wife, Imuade, brought $400,000 and I counted the money and Jonathan, Ajudua’s boy, went away with the money.

    “On December 4, 2004, the defendant’s boy came with somebody, who said he was the orderly of Justice Oyewole and the sum of $1.5 million was counted before it was handed over to Jonathan.

    “On December 16, 2004, my ADC, Chechet, a Major, also brought in $1 million and gave the money to the defendant in visitors’ waiting room.

    “At about 6pm, the defendant called me and told me that his wife was in the house of the then Lagos State Chief Judge  Justice Ade Alabi, waiting for Chief Afe Babalola. He called his wife to confirm and at about 11.00 pm, the defendant called to tell me that Chief Afe Babalola had collected the money.

    “Sometimes on December 27, 2004, one of my associates brought in $350,000, which was given to the defendant. His boy, Jonathan, also collected $600,000 on January 15, 2005,” the witness said.

    He told the court that he raised the fund for which he was duped by the defendant by selling his properties in Victoria Island, Dolphins Estate, Yaba, Lekki in Lagos and  Kaduna as well as proceeds from his farm.

    Justice Oyefeso adjourned the matter till December 20 for cross-examination of the witness.

     

     

  • FRED AJUDUA absent at son’s wedding

    One-time Lagos socialite and businessman, Fred Ajudua, was unavoidably absent at his son, Bobo Ajudua’s widely publicised wedding.

    The senior Ajuda who is also a lawyer is currently facing trial on a 12-count charge bordering on fraud and conspiracy.  He was alleged to have defrauded a certain Ziad Abu Zalaf of Technical International Limited in Germany of a sum of $550,000 in 1993. A serial fraudster, Fred Ajudua has been separately arraigned by the EFCC for allegedly defrauding a former Chief of Army Staff, retired Lt-Gen Ishaya Bamaiyi, of $10.3 million in 2004, while he was incarcerated in Kirikiri Prisons.

    There is also claim that the Ibusa, Delta-born socialite, is battling ill-health. In his heyday, he was a darling of many musicians, especially Fuji and Juju music stars, who constantly sang his praises and were handsomely rewarded in return. Many artistes would gladly choose to perform free of charge, as long as his name was on the guests’ list. Such was the influence and popularity of Fred Ajudua in the 90s.

    Bobo, a lawyer who represents hip-hop sensationDavido and his business interests, had earlier held his traditional wedding with his longtime girlfriend, Naomi Giwa, before an elaborate white wedding at the Redeemed Christian Church of God, City of David Parish, Victoria Island.

  • $8.4m fraud: Ajudua ordered to appear in court May 23

    The Lagos High Court sitting in Ikeja has ordered an alleged serial fraudster, Fred Ajudua, to appear in court on May 23.

    Justice Josephine Oyefeso issued the order following the failure of Ajudua to appear in court on Wednesday.

    Justice Oyefeso ordered his counsel, Allen Agbaka, to ensure the presence of the socialite in court on May 23 and 28 for commencement of trial.

    At resumed sitting of the court, Agbaka told the court that his client has travelled out of the country for medical treatment.

    According to him, “Ajudua was taken to India on February 8 for urgent medical attention”.

    He said the trip followed a referral to Ruby Hall Clinic, India, for surgery.

    He said the defendant had written a letter to the court and attached his international passport, visa documents, medical reports from Ruby Hall Clinic well as photographs showing him on hospital bed in India.

    The counsel said copies of the documents had been served on the prosecuting counsel, S.K. Atteh.

    judua is standing trial for allegedly defrauding a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi (retd), of $8.4m, while they were both in Kirikiri Prisons, Lagos, in 2004.

  • Ajudua seeks to quash $1 million fraud charge

    Ajudua seeks to quash $1 million fraud charge

    Lagos socialist, Fred Ajudua, Monday prayed an Ikeja High Court, to quash a $1 million fraud charge brought against him by the Economic and Financial Crimes Commission (EFCC).

    The EFCC, had in the charge, alleged that Ajudua and his an accomplice, Joseph Ochunor, in 1993 defrauded one Ziad Abu Zalaf of Technical International Limited, a company based in Germany of $1 million dollars.

    At resumed proceedings before Justice Josephine Oyefeso Monday, his counsel,   Norrison Quakers (SAN) told the court that he has two applications pending before the court and that the prosecution had been copied.

    Quakers however accused the EFCC of not filing their court response on time.

    “My Lord, our application is dated May 9 and we are seeking that the fraud charge should be struck out.  We served the prosecution with a copy of the application on May 10.

    “The counter-affidavit of the prosecution was not filed within time and there was no application before the court to regularise same,” he said.

    Responding, counsel to the EFCC, Mr.  Seidu  Atteh, however disputed the senior lawyer’s claims insisting that the prosecution responded within time.

    “We filed a counter-affidavit dated May 17 and the learned senior counsel noted that there was a mistake on the date and we filed another one on October 10.

    “With the kind permission of the court, we will like to regularise same with an oral application,” he said.

    After the oral application of the EFCC counsel, Quakers told the court that he would respond to the counter-affidavit of the prosecution within seven days.

    Justice Oyefeso adjourned the case to November 30 for the hearing of the application seeking to quash the fraud charge.

  • EFCC re-arraigns Ajudua for alleged fraud

    Lagos socialite, Fred Ajudua, was on Tuesday re-arraigned before the Lagos High Court, Ikeja, for allegedly defrauding a former Chief of Army Staff, Gen. Ishaya Bamaiyi (retd) of $10.3 million while they were both in Kirikiri Maximum prison, Lagos.

    Ajudua was arraigned before a new judge, Justice Josephine Oyefeso on an amended 28- count charge bordering on conspiracy to obtain money under false pretences by the Economic and Financial Crimes Commission (EFCC).

    The socialite’s arraignment took place after Justice Oyefeso had dismissed his application challenging the court’s jurisdiction to try the case.

    He was earlier arraigned before Justice Oluwatoyin Ipaye on May 26 last year.

    Ajudua pleaded not guilty to the charges.

    The EFCC prosecutor, Mr. Seidu Atteh, alleged that Ajudua and others obtained the money in different tranches between November 2004 and December 2005 under the pretence of giving it to Justice Olubunmi Oyewole through Chief Afe Babalola (SAN) as part payment of professional fees to facilitate Bamaiyi’s release from prison.

    Atteh alleged that Ajudua received a total of $10.3m and N2million from Bamaiyi.

     

  • Alleged $1m fraud: Ajudua’s lawyers stall arraignment

    The defense team of a one-time Lagos socialite and businessman, Fred Ajudua, on Thursday stalled his arraignment by the Economic and Financial Crimes Commission (EFCC) for allegedly defrauding a German company of 1 million dollars at an Ikeja High Court.

    The lawyers lead by Mr Norrison Quakers (SAN), argued against Ajudua’s arraignment after Justice Josephine Oyefeso had ordered him into the dock for his plea.

    “My Lord, the business of the day as listed in your cause list is a ruling and not arraignment, the case of NDDC V Ecobank backs this argument.

    “Trial starts when the defendant is arraigned, we have not been served with the charge and other processes, I have also spoken to the defendant and he told me that he did not see the charge.

    “I will have to seek for a short adjournment to properly study the charge.

    “My client is in poor health and he has only one functional kidney which is deteriorating fast, he also needs time to seek medical attention,” Quakers told the court.

    Mr S. A. Atteh, Counsel to the EFCC, after hearing Quakers’ complaints of not seeing the charge, immediately served Quakers and his team with copies of the charge in the courtroom.

    “My Lord, it is only when the plea of the defendant is taken that he is properly before the court.”

    Quakers, upon receiving the charge, noted some irregularities which were in the charge which was that Ajudua was charged under the Penal Code and not the Criminal Law of Lagos State of 2011 which is currently used for criminal cases.

    Justice Oyefeso, acceding to Quakers’ request for an adjournment, fixed May 16 for the EFCC to file a formal application for arraignment.

    The News Agency of Nigeria (NAN) reports that the EFCC had on Feb. 13 re-opened a charge filed against Ajudua in 2005.

    In the charge, the EFCC had claimed that Ajudua, an alleged serial fraudster, and one Joseph Ochunor, an accomplice, had sometime in 1993 defrauded one Ziad Abu Zalaf of Technical International Ltd., a company based in Germany of 1 million dollars.

    The fraud case had earlier been struck out by Justice Morenikeji Obadina in 2009 for want of diligent prosecution after Ajudua failed to make an appearance in court on 24 occasions.

    On March 13, Justice Josephine Oyefeso had adjourned for a ruling to determine if the case should be added to the court’s cause list for trial.

    Earlier during Thursday’s proceedings, Justice Oyefeso had in her ruling ordered that Ajudua should be arraigned by the anti-graft agency.

    “This case was assigned to this court in November 2016 when the defendant became available within the jurisdiction.

    “The prosecution applied that the matter be put on the cause list as the applicants were willing to prosecute the case diligently as witnesses are available to testify.

    “On Feb. 9 the defence had raised a preliminary objection challenging the powers of the court to try a case that is struck out since 2009, stating the application of the EFCC was an abuse of court processes.

    “When a case is struck out, it remains alive though in a comatose state, and it comes alive through the appropriate application to relist the case,” she said.

    Justice Oyefeso noted that there was a lacuna in the Administration of Criminal Justice Law (ACJL) of Lagos regarding what happens to a case when it is struck out.

    “Section 262 of the ACJL has come to the rescue in this instance by stating that the court shall adopt a procedure which will provide substantive justice.

    “The days of technicalities are long gone and the preliminary objection is unmeritorious and has failed and it is hereby dismissed.

    “The defendant should please go into the dock and his plea should be taken,” she ruled.