Court Fixes April 27 For Ruling on Application To Relist 11 Old Fraud Charge Against Ajudua
Justice Oyefeso of the Lagos State High Court in Lagos will on April 27 decide whether or not to quash a $1million fraud charge brought against alleged fraud kingpin Fred Ajudua by the Economic and Financial Crimes Commission.
The judge fixed the date after listening to an application filed by the EFCC seeking to relist the charge which was struck out by Justice Morenikeji Obadina in 2009 for lack of diligent prosecution.
Morenikeji Obadina struck out the charge after Ajudua refused to appear before the court on 24 occasions, despite a warrant of arrest issued by the court against him.
In the charge filed on February 9, 2005 the anti-graft agency alleged that Ajudua and one Joseph Ochunor sometimes in 1993 conspired to defraud a one Ziad Abu Zalaf of Technical International Limited based in Germany.
The commission alleged that the duo at various times collected an aggregate sum of $1,043,000 from the German businessman under the guise of financing a fictitious contract awarded by the Nigeria National Petroleum Commission, NNPC.
The matter was eventually struck out in 2009 by Justice Obadina due to failure of the EFCC to produce the defendants.
When Ajudua resurfaced in 2013, the EFCC formally applied to the Lagos Chief Judge to relist the matter. The matter was recently reassigned to Justice Oyefeso.
At resumed hearing of the matter on Monday, counsel to the EFCC, Saidu Atteh told court that the anti-graft agency was ready to proceed with Ajudua’s trial.
Atteh, “We have before this court a motion on notice dated January 21, seeking that this matter be relisted inti the cause list of this court
“On April 16, 2009, Hon. Justice Obadina struck out this matter on the grounds that the prosecution could not produce the defendant.
“When he was available, we re-applied to the chief judge and all our witnesses are ready to testify.
“We support this motion with a 30-paragraph affidavit,” Atteh submitted.
However, Counsel to Ajudua, Norrison Quakers (SAN) in a counter-affidavit dated February 9 opposed the application of the EFCC.
Quakers argued that, “Nothing has been placed before your court that was new before Justice Obadina, who struck out the case for want of diligent prosecution.”
He therefore urged the court to decline the application for lack of merit.