The
Economic and Financial Crimes Commission, EFCC yesterday brought
fraudster Fred Ajudua to a Lagos High Court, Ikeja for allegedly
defrauding Ishaya Bamaiyi, over 6 Million Dollars.
The EFCC is
prosecuting Mr. Ajudua on a 14-count charge bordering on obtaining $6
million (about N1 billion) from Mr. Bamaiyi, a former Chief of Army
Staff, under false pretences. The defendant allegedly collected the
money from Mr. Bamaiyi while the duo were in custody at Kirikiri Prison,
Lagos. Mr. Ajudua, 52, pleaded not guilty to all the counts.
A
PRISONYARD DEAL Between November 2004 and March 2005 while he was in
custody at Kirikiri Prison, the EFCC said that Mr. Ajudua conspired with
some prison inmates to defraud Mr. Bamaiyi, who was also in prison, of
millions of dollars and naira. The defendant’s accomplices – Alumile
Adedeji (also known as Ade Bendel), Mr. Jonathan, Mr. Kenneth, and
Princess Hamabon Williams – are still at large, according to the EFCC.
The
defendant and his cohorts had approached Mr. Bamaiyi, who was facing
trial for the attempted murder of Alex Ibru, the Publisher of The
Guardian newspaper, and convinced him they could secure his freedom.
And then the transaction began, according to the anti-graft agency.
Mr. Bamaiyi first allegedly paid $330,000 to Mr. Ajudua as part payment
for the professional fees purportedly charged by Afe Babalola, a Senior
Advocate of Nigeria, to handle his case and facilitate his release from
prison.
Other cash payments for Mr. Babalola’s services
followed in quick succession – $1.5 million; $80,000; $500,000;
$200,000; $500,000; $175,000; $50,000; $510,000; $450,000; $1.6 million;
$2 million; and N1 million. The EFCC said that the funds were
laundered through Abdullahi Garba, then Assistant Comptroller of
Prisons; Garba Tagda; Lawal Danladi and others. ‘ABUSE OF COURT
PROCESS’ Prior to Tuesday’s arraignment, the EFCC had continually
accused Mr. Ajudua’s lawyers of abuse of court process in their attempt
to stall their client’s arraignment and trial.
At the last
sitting, the judge had ruled against the defence’ application to quash
the charges against him as well as questioning the court’s jurisdiction
to try him. On Tuesday, Olalekan Ojo, the defence lawyer, informed the
court that he had lodged an appeal against the March 3rd ruling.
“In
order to demonstrate the seriousness of the defendant, the defendant
compiled the record of appeal and had it transmitted to the Court of
Appeal, Lagos State Division, on the 10th day of March 2014,” said Mr.
Ojo. “In addition to the transmission of the record of appeal, the
defendant has filed a motion at the Court of Appeal on the same 10th
March 2014. The record of the appeal as well as the motion on notice of
the appeal has been served on the complainant respondent.
It was
duly acknowledged by the EFCC,” Mr. Ojo added. Mr. Ojo said that their
relief before the Court of Appeal is for a stay of proceedings or
alternatively suspending Mr. Ajudua’s arraignment or plea-taking before
the High Court. “It is my humble submission that the defendant’s
application before the Court of Appeal raises issues of further
proceedings before this court and apply that Your Lordship out of
deference to the Court of Appeal adjourn proceedings in this case to
await the decision of the Court of Appeal.
“This is to ensure
that the jurisdiction of the Court of Appeal over the matter and the
motion in particular is not interfered with either directly or
indirectly or the Court of Appeal is not faced with a fait accompli,”
Mr. Ojo added. Responding to Mr. Ojo’s argument, Kingsley Olusesi, the
EFCC lawyer, insisted that Mr. Ajudua be arraigned since he had
appeared before the court.
“This is a criminal trial. He is
supposed to file a stay of proceedings here and if it is refused, he
then goes to Court of Appeal. It’s a clear abuse of court process. They
know what they are doing. The plea must be taken today and a date for
trial fixed,” Mr. Olusesi added.
In her short ruling,
Oluwatoyin Ipaye, the trial judge, agreed with the EFCC lawyer and
ordered that Mr. Ajudua take his plea. “The mere transmission of a
record of appeal to the Court of Appeal does not immediately assume
jurisdiction of the matter,” the judge ruled. “This application to
suspend hearing is hereby refused,” she added. Court proceedings began
in the morning but was suspended till afternoon due to Mr. Ajudua’s
absence.
His lawyer told the court that he was still on his way
from the Lagos University Teaching Hospital where he had been receiving
treatment for his kidney ailment. Like in subsequent proceedings, Mr.
Ajudua was helped into the dock by two prison warders when he arrived in
the afternoon. In the middle of his plea-taking, the judge asked him
to sit and rest for two minutes before continuing.
After the
last count was read to him which erroneously stated that Kirikiri Prison
was located in Ikoyi, Mr. Ajudua declined to plead guilty or not
guilty, saying that the charge “doesn’t make sense.” The judge
directed the registrar to make the appropriate correction after which
the defendant pleaded not guilty.
The judge adjourned till April
8 for the hearing of all pending applications, including the one for
bail. Mr. Ajudua, alongside Charles Orie, is also facing another trial
for defrauding Remy Cina and Pierre Vijgen, two Dutch businessmen, of
$1.69 million (N287 million).
