The Economic and Financial Crimes Commission on Wednesday re-arraigned an alleged fraud kingpin, Mr. Fred Ajudua, and his co-accused, Charles Orie, for defrauding two foreign businessmen of $1.69m (270m) between July 1999 and September 2000.
The re-arraignment came more than 10 years after the charges were instituted against the accused on July 24, 2003.
The matter is therefore starting afresh after about six witnesses, two of whom were foreigners, had earlier testified before it was re-assigned to a new judge, Justice Kudirat Jose. More than 50 court sessions were said to have been conducted in the case since 2003.
Justice Jose, before whom the two accused pleaded not guilty to the four counts of fraud, took over the case from Justice Olubunmi Oyewole, who recently withdrew from the case.
Justice Oyewole reportedly withdrew from the case after a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi (retd.), petitioned the EFCC, alleging that Ajudua used the names of the judge and others to defraud him of about $8.395m.
At the re-arraignment, EFCC alleged that the accused defrauded two foreign businessmen – Mr. Remy Cina (a German) and Pierre Vijgen – of about $1.69m between July 1999 and September 2000.
They were said to have defrauded the foreigners by collecting the money in tranches under the pretext that it was meant for “sundry payments to government officials” to secure an $18million worth of contract with number, FMA/PED/3040/S92.
After the re-arraignment Justice Jose ordered both Ajudua and Orie to be remanded in prison pending the hearing of their bail applications on February 19.
A Lagos High Court judge, Justice Ganiyu Safari, had on September 24, 2013, granted bail to Ajudua on health grounds during the last vacation of the judiciary in the state.
But the accused was unable to meet the bail conditions up till when the matter was recently re-assigned to Justice Jose.
The judge turned down the request by Ajudua’s lawyer, Mr. Olalekan Ojo, to allow his client to meet the bail conditions instead of being made to file a fresh bail application.
The prosecuting counsel, Mr. Olumuyiwa Balogun, had opposed Ojo’s request, reminding the court that since the matter was starting afresh, all previous orders and steps made in the case were no longer valid.
Balogun had also informed the court that prosecution would not oppose Orie’s request to be allowed to continue to enjoy the bail earlier granted the accused in January 2004.
But the judge ordered that both of them should file fresh bail applications. He directed the prosecution to respond to the applications before the next hearing date on February 19.
She also fixed April 28 and 29 for the re-commencement of trial.
Meanwhile, Justice Oluwatoyin Ipaye of the Lagos High Court, Ikeja had fixed February 12 for the arraignment of Ajudua for the offence of fraudulently obtaining $8.395m from former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi (retd).
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