Supreme Courtroom revokes bail granted Fred Ajudua in alleged $1.04m fraud case

The Supreme Courtroom has ordered that Lagos socialite, Fred Ajudua ought to be returned to jail custody preparatory to the resumption of his trial in relation to a $1,043,000 fraud case introduced in opposition to him by the Financial and Monetary Crimes Fee, EFCC.

A five-member panel of the apex courtroom issued the order in a unanimous judgment delivered on Friday in an enchantment, marked: SC/CR/51/2019 filed within the title of the Federal Republic of Nigeria, FRN, by the EFCC, with Ajudua as the only respondent.

Within the lead judgment by Justice Chioma Nwosu-Iheme, the apex courtroom revoked the bail granted to Ajudua by the Courtroom of Enchantment in Lagos in a judgment delivered on December 10, 2018.

Justice Nwosu-Iheme held that the Courtroom of Enchantment had no jurisdiction to grant the bail it granted Ajudua within the December 10, 2018 judgment having discovered incompetent the temporary of argument filed in Ajudua’s enchantment in opposition to a July 5, 2018 ruling by Justice Mojisola Dada of the HIgh of Lagos State, Ikeja, rejecting his request for pre-trial bail.

The choose additional held that, having discovered that Ajudua’s temporary of argument was incompetent and proceeded to strike it out, the Courtroom of Enchantment was incorrect to have nonetheless thought-about the incompetent temporary and granted the appellant’s prayer for pre-trial bail.

She mentioned: “It’s crystal clear that the decrease courtroom was on all fours with the regulation when it declared the appellant’s temporary of argument incompetent and struck it out.

“At that time, the appellant’s (Ajudua’s) enchantment was extinguished. There was due to this fact, nothing extra to contemplate in that enchantment. The decrease courtroom, at that time, had no jurisdiction to proceed additional. It had turn out to be functus officio.”

Justice Nwosu-Iheme held that the motion of the decrease courtroom, in continuing to contemplate the arguments canvassed within the temporary of argument it earlier discovered to be incompetent, was an train in futility and a whole nullity.

She added: “For the reason that decrease courtroom had no jurisdiction to contemplate different points canvassed within the temporary of argument, which it had declared incompetent and struck out, it will quantity to an educational train to delve into another subject within the enchantment.

“This enchantment, having been decided on the problem of jurisdiction alone, the problem of bail is inseparable from the enchantment itself.

“This enchantment succeeds and it’s hereby allowed. The choice of the trial courtroom dated the fifth day of July 2018 refusing bail to the respondent (Ajudua) is hereby restored.

“The respondent is to be remanded in jail custody. Accordingly, this case is remitted again to the Chief Choose of Lagos State to be assigned to the identical trial choose, M. A. Dada J for the continuation of speedy trial and willpower inside the shortest attainable time,” Justice Nwosu-Iheme mentioned.

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

Upon the completion of investigation, the EFCC filed a 12-count cost in opposition to Ajudua earlier than the Excessive Courtroom of Lagos State in Ikeja.

Within the cost, the EFCC alleged amongst others, that Ajudua conspired with one Joseph Ochunor, who continues to be at massive, to acquire cash by false pretenses from Ziad Abu Zalaf of Technical Worldwide Ltd., a division of Mystic Firm Ltd., a German-based firm.

It additionally alleged that, with intent to defraud, Ajudua and Ochunor obtained $268,000 on April 2, 1993 from Zalaf and on Might 12, 1993 once more obtained the sum of $225,000 from Zalaf.

The EFCC equally claimed that Ajudua and Ochunor, in a bid to provide credence to the alleged rip-off, solid a Central Financial institution of Nigeria (CBN) receipt and Nigerian Nationwide Petroleum Company (NNPC) and introduced it to the foreigner as real.

Ajudua was subsequently arraigned. However, earlier than trial may start, his lawyer, Olalekan Ojo introduced an software for pre-trial bail, claiming his shopper was affected by critical well being problem.

In a ruling on July 5, 2018, Justice Dada refused the bail software and ordered him to submit himself for trial, a call Ajudua appealed on the Courtroom of Enchantment in Lagos.

It its judgment on December 10, 2018, a three-member panel of the Courtroom of Enchantment reversed Justice Dada’s determination and granted bail to Ajudua.

Justice Mohammed Garba, within the lead judgment of the Courtroom of Enchantment, held amongst others, that bail is a constitutional proper, which the appellant (Ajudua) must get pleasure from.

The EFCC was dissatisfied with the choice of the Courtroom of Enchantment and challenged it on the Supreme Courtroom, which enchantment the apex courtroom allowed in it judgment on Friday and proceeded to revive the sooner determination of Justice Dada denying bail to Ajudua.