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Tag: Ishaya Bamaiyi

  • Ajudua swore with son’s life not to defraud me, Bamaiyi tells court

    A former Chief of Army Staff, Lt.-Gen. Ishaya  Bamaiyi, on Friday told an Ikeja High Court that Fred Ajudua, alleged serial conman, defrauded him in spite swearing with his son’s life.

    Bamaiyi made the disclosure while being cross-examined by Ajudua’s, Mr Olalekan Ojo, at the resumed hearing in allegedly swindling of Bamaiyi of 8.4 million dollars at the Kirikiri Maximum Prisons by Ajudua in 2004.

    Friday’s session was the fifth in the proceedings in which Bamaiyi was cross-examined by the defence since giving his evidence-in-chief on Nov. 26, 2018.

    Responding to Ojo’s question on why he did not ask for receipts from Ajudua as proof of receiving the funds, Bamaiyi said that he trusted Ajudua not to defraud him.

    He noted that his trust was further strengthened when Ajudua swore with his son’s life not to defraud him.

    “I trusted him completely; you don’t understand the concept and level of trust I had.

    “I’m a father and a grandfather. I understand these things. If as a father he (Ajudua) swears that his only son should die if he should defraud me; that is more than sufficient receipt.

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

    “When he defrauded me, I initially kept quiet. It was after he ran away for six years that I decided to complain. By God, I never knew I will find myself in court,” Bamaiyi said.

    The former army chief said that the funds given to Ajudua for payment for the legal services of Chief Afe Babalola (SAN), were brought to him in prison by family members, friends and staff.

    He said that prison rules allowed money meant for the payment of legal representation to be brought into the premises of the prison, adding that he recorded every money brought to the prison in his diary.

    “Sometimes money was put in our food containers. The money is counted in the presence of the prison officers, so it was not hidden.

    “My lord, I said it before and let me repeat it, when visitors come with the food containers, he who brings the food will taste it so that they will not poison the inmate.

    “The food container has food on top; that is the one they will taste. Money is kept underneath the container.

    “To me, the counting of the money is a record; the prison authorities knew about this money and constitutes records to the prison authorities.

    “I can remember the specific amount each person brought; my former ADC, Timothy Chechet, brought one million dollars on two different occasions,” he said.

    He said the individuals who brought some of the foreign currencies, gave statements to the Economic and Financial Crimes Commission (EFCC) confirming that they brought money to the Kirikiri Maximum Prisons.

    Explaining the source of the funds, Bamaiyi said that the money was given to him by friends who did not want their identity disclosed.

    He also said that the funds were sourced from his personal savings, property and farming businesses, adding that some of the funds were withdrawn from his account at defunct Nal Merchant Bank.

    Following the revelation, Ojo requested for a copy of Bamaiyi’s statement of account, saying that the prosecution had not frontloaded a copy of the statement to the defence.

    On his part, the prosecuting counsel for EFCC, Mr Tope Banjo, said that an additional proof of evidence containing the requested bank statement would be filed in court by the prosecution at an adjourned date.

    The Judge, Justice Josephine Oyefeso, adjourned the case until Sep. 16 and 19, 2019, for continuation of trial.

    According to the prosecution, Ajudua was incarcerated at the Kirikiri Maximum Prisons over alleged fraud while Bamaiyi was incarcerated over alleged involvement in the attempted murder of Mr Alex Ibru, late publisher of The Guardian Newspaper.

    The prosecution alleged that Ajudua had alongside some accomplices, approached Bamaiyi in the prison in 2004.

    The defendant had allegedly convinced Bamaiyi that he could hire the legal services of Chief Afe Babalola (SAN) to help secure his freedom from Kirikiri, and Ajudua allegedly fraudulently collected 8.4 million dollars as the legal fees.

    When the alleged fraud came to light, the law chambers of Afe Babalola and Co. issued a disclaimer disassociating itself from the case.

  • I gave Ajudua money to get me the best lawyer, not to bribe judge – Bamaiyi

    Former Chief of Army Staff, Lt. General Ishaya Bamaiyi on Wednesday told an Ikeja High Court 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 then handling his trial in 2006 at Ikeja High Court.

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

    Bamaiyi explained 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 Ajudua defrauded Bamaiyi of the money while they were both on remand at Kirikiri Prison, Lagos.

    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 resume of the proceedings on Wednesday, 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.

    Read Also: Bamaiyi and perfidious Generals

    Responding to questions from Ojo, Gen. Bamaiyi said: “I agreed with Ajudua’s suggestion because I believe 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 maintained that 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 maintained.

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

    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 statement in June 2006 but I can’t recollect when I wrote other statements.”

    At this stage, the defence counsel, Ojo then 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 the prosecution lacks 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.

  • 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.

     

  • Bamaiyi: Ajudua challenges EFCC’s right to prosecute him over $4.8m fraud

    A one-time Lagos socialite, Fred Ajudua, on Monday in Lagos challenged the Economic and Financial Crimes Commission (EFCC) over a 4.8 million dollars fraud charge it slammed against him.

    Ajudua, who challenged the right of the commission to prosecute him for defrauding a former Chief of Army Staff, retired Lt.-Gen. Ishaya Bamaiyi, is also challenging the jurisdiction of an Ikeja High Court to try the case.

    The EFCC had accused Ajudua of defrauding Bamaiyi while both were in prison custody in 2004 for different offences.

    EFCC said Ajudua had approached Bamaiyi, who was facing trial for the attempted murder of Mr. Alex Ibru, the late publisher of the Guardian Newspaper, and convinced him that he could help to secure his freedom.

    According to the commission, Ajudua received 4.8 million dollars from Bamaiyi under the guise that the money was the legal fees for the law firm of Chief Afe Babalola and Co.

    Ronke Rosulu, a court registrar and Ajudua’s alleged accomplice, who helped him funneled the funds from the prison, was sentenced in a separate trial on Dec. 21, 2005 to 10 years in prison by Justice Lateef Lawal-Akapo.

    During Monday’s proceeding, counsel to Ajudua, Mr. Norrison Quakers, in an application dated Jan. 6 challenged the jurisdiction of the court to hear the case.

    He also urged the court to quash the charge brought against Ajudua by the EFCC.

    “We have filed an affidavit and a reply in points of law challenging the jurisdiction of this court to hear this case.

    “The law provides also provides that an information in this charge can only be filed by the Attorney-General of the state and not the EFCC,” he said.

    Responding, counsel to the EFCC, Mr. S.A. Atteh, said there was a judgment of the Court of Appeal upholding the right of the EFCC to prosecute the case.

    “We have filed a counter-affidavit dated Feb. 9 urging the court to allow the judgment of the Court of Appeal on whether the EFCC has a fiat to prosecute this case.

    “I urge the court to dismiss the application of the defence and call the defendant to take his plea,” he said.

    Justice Oyefeso adjourned the case to March 30 for ruling.

     

  • $8.4m fraud : Ajudua challenges EFCC’s power to prosecute him

    Lagos lawyer, Fred Ajudua has challenged the power of the Economic and Financial Crimes Commission (EFCC) to prosecute him.

    The development stalled  his trial before Justice  Josephine Oyefeso at the Ikeja high court on Thursday.

    Ajudua was initially being tried before Justice Kudirat Jose but was last year transferred to Justice Oyefeso.

    The EFCC is prosecuting Ajudua for allegedly defrauding a former Chief of Army Staff, General Ishaya Bamaiyi of various sum amounting to $8.4m while both of them were in Kirikiri prison.

    The EFCC had alleged that the defendant and his accomplices had approached Gen. Bamaiyi in Kirikiri prison and assured him that they would assist him to secure his freedom.

    Ajudua who was then facing trial for the attempted murder of the late Publisher of The Guardian newspaper, Mr Alex Ibru convinced Bamaiyi they could secure his freedom.

    Ajudua’s co-defendant and a former registrar of the high court, Oluronke Rosulu  had opted for separate trial when he failed to appear for trial after several adjournments.

    Rosulu was found guilty of complicity in the fraud and was last year sentenced to 10 years imprisonment by Justice Lateef Lawal-Akapo.

    At the resumed proceedings into the matter on Thursday, Ajudua, through his counsel, Mr. Norrison Quakers (SAN) opposed EFCC’s decision to re-arraign him on an amended charge.

    Quakers told the court that under the administration of criminal justice law, the EFCC has no powers to prosecute his client.

    Quakers was also opposed to the amended charges against Ajudua stating that his client cannot be arraigned on the new information before the court since the anti-graft agency failed to obtain his witness statement.

    EFCC’s counsel,  Seidu Atteh however countered the argument saying that it was not necessary for the EFCC to obtain statement from the defendant simply because the charges were amended.

    According to Atteh ,  Ajudua had personally refused to volunteer any statement to the commission over the allegations against him.

    The trial judge, Justice Oyefeso ordered the parties to harmonize their arguments instead of presenting them in peace-meal.

    She adjourned the matter till February 13, 2017 for hearing of argument from both parties.

  • Bamaiyi: Court Registrar jailed 10 years for fraud

    The Lagos High Court, Ikeja, on Monday sentenced a court registrar, Mrs. Oluronke Rosolu, to 10 years imprisonment for defrauding a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi (retd), of $330,000.

    Rosolu was convicted on all the two- count charge of conspiracy and obtaining money by false pretences brought against her by the Economic and Financial Crimes Commission.

    The presiding judge, Justice Lawal-Akapo while sentencing Rosolu said, “The representation that she never collected $330,000 from the complainant is deceptive, the accused could not provide a strong alibi for her whereabouts when the fraud occurred.

    “I find the accused guilty as charged.

    “As a registrar of the court, the accused should have been an image maker of the judiciary, but she acted in the contrary.

    “She has to swallow her bitter pill.

    “On count one, I sentence the accused to 10 years imprisonment and on count two, I sentence the accused to 10 years imprisonment.

    “Both sentences are to run concurrently.”

    Rosolu, who reportedly collapsed in the dock after the ruling, said, “I do not know anything about the money, what is going to happen to my children.”

     

     

  • Bamaiyi: Ex-court registrar fails polygraph examination

    A ‎polygraph expert, Mohammed Umar, on Tuesday told a Lagos High Court sitting in Ikeja that a former court registrar, Oluronke Rosolu, failed polygraph examination.

    ‎Rosolu, is facing trial for allegedly conspiring with others to defraud a former Chief of Army Staff, Lt-Gen. Ishaya Bamaiyi, to the tune of $330,000.‎

    She is arraigned for allegedly aiding a one-time Lagos socialite, Fred Ajudua, to defraud Bamaiyi of the said sum.

    Umar, who is a quality control operative attached to the Polygraph Unit of the Economic and Financial Crimes Commission, Abuja, was testifying before Justice Lateef Lawal- Akapo at the resumed hearing of the matter on Tuesday.

    ‎The defendant, who is a former registrar to Justice Joseph Oyewole, now a Justice of the Court of Appeal, is facing a two-count charge of conspiracy to obtain money by false pretences and obtaining money by false pretences.

    The EFCC said the fraud took place while Bamaiyi and Ajudua were remanded at Kirikiri Maximum Prison for separate criminal charges between November 2004 and June 2005.

    The anti-graft agency said 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 allegedly claimed that the money would help to facilitate Bamaiyi’s release from prison.

  • Bamaiyi: Law firm denies receiving money from Ajudua

    Chief Afe Babalola law firm on Tuesday denied receiving payments for professional fees from a one-time Lagos socialite, Fred Ajudua, to represent a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi.

    The firm disclosed this through its Managing Partner, Mr. Adebayo Adenipekun (SAN), while testifying at the trial of a court registrar, Oluronke Rosolu, before a Lagos State High Court, Ikeja.

    Led in evidence by the Economic and Financial Crimes Commission counsel, Mr. Seidu Atteh, Adenipekun told the court presided over by Justice Lateef Lawal-Akapo that as the head of the chamber’s administration during the period the said transaction took place, he would know if any payment was made to the law firm.

    He contended that the law firm had no deal with either Bamaiyi or Ajudua.

    “Ajudua did not brief our firm to represent Bamaiyi at any time. That is not correct. We did not receive any legal fee from Ajudua in respect of the general.

    “We were never briefed to represent Bamaiyi and we did not receive any money from Ajudua,” Adenipekun maintained.

    After the Managing Partner’s testimony, the court adjourned the matter till Wednesday for continuation of trial.

    Bamaiyi had alleged that Rosulu, a former registrar to Justice Joseph Oyewole, collected $330,000 from him on behalf of Ajudua in November 20, 2004.

  • Court: Ajudua has case to answer

    Justice Oluwatoyin Ipaye of a High Court in Lagos yesterday dismissed an application brought by a lawyer, Fred Ajudua, seeking to quash the $8.395 million fraud charge against him.

    Justice Ipaye, held that Ajudua had a case to answer, adding that the court is competent to hear the charge preferred against him by the Economic and Financial Crimes Commission (EFCC).

    The EFCC charged Ajudua before the court for allegedly defrauding former Chief of Army Staff Lt.-Gen. Ishaya Bamaiyi (rtd.) of about $8.395 million between November 2004 and June 2005 at the Kirikiri Maximum Prisons, when they were being detained.

    Ajudua filed a preliminary objection, challenging the jurisdiction of the court to try him on the grounds that he was charged under the repealed Advance Fee Fraud Act. He had also asked the court to try Bamaiyi for money laundering.

    He said Bamaiyi should stand trial along with him for admitting in his statement to the EFCC that he attempted to bribe a sitting judge.

    Yesterday, Justice Ipaye held that EFCC was right in charging Ajudua under the repealed Advance Fee Fraud and Other Related Offences Act of 1995, since the act was in force when the crime was committed.

    The judge held that the defendant’s argument that the victim of the crime was tainted cannot be a ground for dismissing the charge. She said that facts about the credibility of the victim were not before the court.

    However, Ajudua’s formal arraignment could not proceed as his lawyer sought time to study the charge.

    The judge adjourned the case till March 11 for his arraignment.

    Ajudua is the only defendant in the fresh charge as others who allegedly committed the offence along with him were said to be at large. They include Alumile Adedeji (a.k.a Ade Bendel), another, Mr. Kenneth and Princess Hamabon William.

    EFCC claimed that the suspects fraudulently collected the money from Bamaiyi in parts as the “professional fees” charged by Chief Afe Babalola (SAN) to handle his (Bamaiyi’s) case in court and to facilitate his release from prison.

    The prosecution has listed about 10 witnesses including Bamaiyi and prison officials to give evidence in the matter.

  • Alleged $1.69m fraud: New judge for Ajudua’s case

    The trial of a Lagos socialite, Fred Ajudua, over a $1.69 million fraud, could not proceed at a Lagos High Court, Ikeja yesterday. Reason: His case was re-assigned to a new judge, Justice Kudirat Jose.

    He could also not be rearraigned because counsel to the Economic and Financial Crimes Commission (EFCC), Mr Wemimo Ogunde (SAN) was absent in court.

    Ajudua’s last court appearance was in September, last year, when he argued his bail application before a vacation judge, Justice Ganiyu Safari.

    When the matter came up before Justice Jose yesterday, Ajudua looked pale and tired as he was assisted into the court by a prison official.

    While the matter lasted, Ajudua lay on the bench reserved for defendants.

    Justice Jose adjourned his re-arraignment till February 5 to enable her update herself with the case.

    Ajudua and his associate, Charles Orie, were charged before Justice Olubunmi Oyewole in 2003 for allegedly defrauding two Dutch businessmen, Messrs Remy Cina and Pierre Vijgen, of the money between July 1999 and September 2000.

    The transfer of the case to Justice Jose was necessitated by Justice Oyewole’s withdrawal. His withdrawal was said to be in connection with a petition written to the EFCC by a former Chief of Army Staff, Lt.-Gen.Ishaya Bamaiyi (rtd), alleging that Ajudua used the names of the judge and others to defraud him of about $8.39 million.

    During yesterday’s proceedings, Ajudua’s counsel, Mr Richard Ahonaruogho, was also in court.

    Ajudua’s and Orie’s cases were truncated in 2005 after Ajudua travelled abroad for treatment.

    On June 11, 2013, Ajudua appeared before the court after an almost eight-year absence.

    His efforts at obtaining bail failed as Justice Oyewole ordered him to be remanded in Kirikiri Maximum Prison. He was later granted N50 million bail by Justice Safari on health grounds.