An Ikeja High Court has fixed March 11 for the arraignment of Fred Ajudua over an alleged $5.9 million (about N1 billion) fraud.
Ajudua is being prosecuted for allegedly defrauding a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi, of the said sum.
Justice Oluwatoyin Ipaye who fixed the date after dismissing Ajudua’s application to quash the charge, said that the preliminary notice of objection filed by Ajudua’s counsel, Olalekan Ojo, lacked merit.
She faulted Ojo’s argument that section 262 of the Administration of Criminal Justice Law (ACJL) 2011 violated section 36 (b) of the 1999 Constitution of the Federal Republic of Nigeria.
According to her, section 36 (b) of the constitution guarantees a defendant the right to fair hearing and speedy conclusion of a criminal charge.
“Section 262 of the ACJL provides that an objection to the sufficiency of particulars of the charge in the proof of evidence shall not be raised until the closure of the prosecution’s case. Section 262 is in furtherance of this constitutional right and does not violate the provisions of the constitution’’, Ipaye said.
The judge held that the charge before the court was not defective as it was brought under the law in force when the alleged offences were committed.
On Ajudua’s request that Bamaiyi should be prosecuted for alleged money laundering offences, she said that the court would not act immaturely nor go on a voyage of discovery.
Ipaye also dismissed another oral application by Ojo that his client should not be arraigned until all the irregularities in the charge were properly addressed, adding that “It is a fundamental right that every defendant is entitled to trial within a reasonable time.”
Following the ruling, Seidu Atteh, counsel representing the Economic and Financial Crimes Commission (EFCC), urged the court to ask Ajudua to take his plea, the request which Ojo objected to, arguing that Ajudua had not been served “personally’’ with the proof of evidence to enable him to make a decision on the charge.
He said the proof of evidence was served on Ajudua’s former counsel, Richard Ahoharuogha, adding that the defendant needed more time to examine it.
In a short ruling, the judge acceded to Ojo’s request and granted an adjournment to enable Ajudua to familiarise himself with the proof of evidence.
In the 14-count charge, the EFCC said Ajudua conspired with others (now at large) to perpetrate the fraud between Nov. 2004 and June 2005.
According to the EFCC, Ajudua defrauded Bamaiyi while they were both on remand in Kirikiri Prison in Lagos for separate crimes.
The anti-graft agency said Ajudua obtained the money from Bamaiyi by claiming that it represented the professional fees charged by Chief Afe Babalola (SAN) to handle his case.
He is also alleged to have claimed that the money would help to facilitate Bamaiyi’s release from prison.
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