A Lagos High Court, Ikeja on Tuesday dismissed an application filed by alleged fraud kingpin, Mr. Fred Ajudua, seeking to quash fraud charges instituted against him and his co-accused. Read more
The Economic and Financial Crimes Commission had accused Ajudia of defrauding two Dutch businessmen – Remy Cina and Pierre Vijgen – of about US$1.69m (N262m).
The 52-year-old accused, also a legal practitioner, was arraigned along with Charles Orie, in 2003.
He had sought the court to quash the charges after appearing in court eight years of allegedly evading trial.
Justice Olubunmi Oyewole, in his ruling on Ajudua’s application on Tuesday, said the prosecution had already called six witnesses before progress in the matter was stalled by series of interlocutory applications and the accused person’s absence from court.
He dismissed argument by the defence counsel, Mr. Allens Agbaka, that the charges should be quashed on the basis that the Attorney-General of the Federation had allegedly ordered the discontinuance of the case.
Oyewole said “nothing was presented to support” the claim.
He said, “Criminal prosecution is regulated by law and failure to comply with the stated procedure will endanger trial.
“If the prosecution has reached a dead end, it is for them to disclose it.
“I agree with Mr. Wemimo Ogunde (EFCC’s counsel) that this application coming at this stage is strange.”
He also rejected the argument that one of the victims of the alleged crime, Cina, had indicated his intention to be absent from the trial.
The judge said it might be an indication that the defence was interfering with the trial “when a listed witness who is also a victim suddenly makes an affidavit being brandished by the defence.”
The judge adjourned till June 27 for ruling on the bail application, which was argued after the application for quashing charges was dismissed.
Agbaka had urged the court to restore his client’s earlier bail or grant him a fresh one.
He argued that the bench warrant issued against his client, after he was no longer available for trial, was issued in error.
Agbaka added that the information before the court was now different from that of the time his client’s bail was revoked.
He insisted that the bench warrant was issued after the Indian hospital, where Ajudua claimed to be receiving treatment, reported that it could no longer account for the accused.
But EFCC’s counsel, Wemimo Ogunde (SAN), opposed the bail application insisting that Ajudua had evaded arrest during the period he refused to attend to his trial.
Culled from The Punch newspaper
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