A Lagos High Court, Ikeja on
Monday granted a request by the Economic and Financial Crimes Commission
to produce its foreign witness in the fraud charges preferred against
an alleged fraud kingpin, Mr. Fred Ajudua.
EFCC counsel, Chief Wemimo Ogunde (SAN), told Justice Kudirat Jose that the prosecution needed 21 days to produce the witness.
The judge fixed May 23 for the trial to commence after it overruled the defence’s application for adjournment.
Ajudua and his co-accused, Charles Orie, are being prosecuted for
allegedly defrauding two foreign businessmen of $1.69m (N270m) between
July 1999 and September 2000.
The accused were said to have defrauded the foreigners by collecting
the money in tranches on the pretext that it was meant for “sundry
payments to government officials” to secure an $18m worth of contract
with number, FMA/PED/3040/S92.
The accused persons were re-arraigned before Justice Jose on February
5, 2014, following the withdrawal of the former trial judge, Justice
Olubunmi Oyewole (now elevated to the Court of Appeal) from the case.
The re-arraignment came more than 10 years after the charges were instituted against the accused on July 24, 2003.
On Monday, the prosecution said it was unable to produce its witness
for the commencement of trial since it was not sure how the proceedings
would go.
He said the defence led by Mr. Olalekan Ojo had on April 25 (Friday)
served the prosecution with an application for stay of proceedings.
He added that the defence later called to inform him that the application was filed in error.
“We were put on a wrong alert,” Ogunde said.
He added, “Ojo and I started this case 11 years ago. Witnesses in
this matter come from abroad and it would be a waste of tax payer’s
money to bring this witness only to discover they are not needed.
“We need 21 days to produce our witness.”
But Ojo asked the court to reject the request for 21 days, saying
such a long adjournment would be unfair to his client who had been
denied bail.
“Twenty-one days is too long for an accused person who has been denied bail,” he said.
The matter started afresh after about six witnesses, two of whom were
foreigners, had earlier testified before it was re-assigned to a new
judge, Justice Jose. Over 50 court sessions have been conducted on the
case since 2003.
Jose, before whom the two accused pleaded not guilty to the four counts of fraud.
After the re-arraignment, Jose ordered Ajudua and Orie to be remanded
in prison pending the hearing of their bail applications on February
19.
The judge turned down the request by Ajudua’s lawyer, Mr. Olalekan
Ojo, to allow his client to meet the bail conditions instead of being
made to file a fresh bail application.
In a ruling on the bail application, Ajudua was denied bail while Orie was released on bail.
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