JUSTICE Olubunmi Oyewole of the Lagos High Court sitting in Ikeja, on Thursday, dismissed the bail application filed by a popular Lagos-based lawyer, Chief Fred Ajudua, who was alleged of defrauding two foreigners of $1.69 million by the Economic and Financial Crimes Commission (EFCC).
Ajudua and an associate, Mr Charles Orie, are facing trial for allegedly defrauding two Dutch businessmen —Messrs Remy Cina and Pierre Vijgen, of the said sum between July 1999 and September 2000.
At the resumed hearing of the matter, Justice Oyewole, in his ruling on Ajudua’s bail application filed by his counsel, Mr Allens Agbaka, held that though the court had a discretion to grant bail, it must be exercised judicially and judiciously.
He said Ajudua was granted permission to travel to India for medical treatment in 2005 but failed to appear before the court thereafter, adding that no reference was made by Ajudua’s counsel on the exact date he left the country.
According to the court, Ajudua’s international passport was also not tendered before the court and the medical report tendered by the defendant showed that he was within the court’s jurisdiction on the particular day his matter came up, but failed to attend the proceedings.
Justice Oyewole stated that it appeared that Ajudua was physically fit, even though the medical report said he was suffering from a complicated ailment and disagreed with the argument of the defence that special circumstances that ensued were grounds for which Ajudua could be granted bail.
He maintained that it was not true that Ajudua came voluntarily to the court to continue his trial and also rejected Agbaka’s promise to make an undertaken on behalf of Ajudua, noting that a previous undertaken by another lawyer was not honoured.
Justice Oyewole further dismissed the argument of the defence that the fact that Ajudua had the problem of kidney stones warranted he be granted bail.
He said for that argument to succeed, it must be shown that his ailment would affect other prison inmates, adding that there was nothing in the letter from the Lagos University Teaching Hospital (LUTH), tendered as evidence, that Ajudua’s condition required admission to the hospital.
He stated that the medical report merely showed that Ajudua was only required to visit the hospital for treatment and not for admission.
The judge, however, ordered that the Superintendent of Prisons must ensure that Ajudua was taken to LUTH as required and also ordered an accelerated hearing of the matter.
“Almost a month after, he had been in the country, he never appeared. There is no basis for the claim that he voluntarily appeared in court,” the trial judge said. “In totality, therefore, I am not persuaded that the accused will make himself available for trial if bail is granted.
“Counsel are to prepare for the resumption of trial from July 8, and it shall proceed on a day to day basis until the matter is concluded,” the judge said
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