Ajudua knows fate Tuesday over alleged $1.69m fraud

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On Notice dated June 7, which is supported by a 16-paragraph affidavit, Agba argued that since the complainant has withdrawn the case and filed an affidavit before the court towards this purpose, the court should quash the charge.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