The Special Offences Division of the Lagos High Court sitting in Ikeja has rejected a fresh bail application filed by businessman Fred Ajudua, who is facing trial over an alleged $1.043 million fraud.
Justice Mojisola Dada gave the ruling on Wednesday after hearing arguements from both the defence and prosecution regarding Ajudua’s health condition and the status of his case at the Supreme Court.
Mr Ajudua, who was wheeled into the courtroom by medical personnel from the Lagos University Teaching Hospital (LUTH), sought bail on medical grounds through his lawyer, Olalekan Ojo.
The senior advocate told the court that his client suffers from chronic kidney disease and needed urgent medical attention outside the custodial facility.
Mr Ojo argued that the court should consider the health of the defendant, adding that “only the living can stand trial.”
However, the counsel to the Economic and Financial Crimes Commission (EFCC), Seidu Atteh, opposed the request, noting that Ajudua already had an active application before the Supreme Court and any relief sought, including bail should be addressed at that level.
In response, Ojo contended that the Supreme Court application was unrelated to bail and should not prevent the trial court from exercising its discretion.
Justice Dada, in her ruling, declined to grant the bail, stating, “In view of the applications filed at the Supreme Court, I am constrained to make any decision with respect to this instant application filed by the defence counsel. I will abide by the decisions of the Supreme Court.”
The court thereafter adjourned the matter to October 10, October 31 and November 20 for continuation of trial.
Ajudua is standing trial for allegedly defrauding a Palestinian businessman, Zad Abu Zalaf, of $1,043,000 under false pretences.
The charge, brought by the EFCC, has lingered for nearly two decades.
During Tuesday’s proceedings, the court also heard testimony from a third prosecution witness, Afanda Emmanuel, an investigator with the EFCC.
The witness recounted that Ajudua’s case was transferred from the Special Fraud Unit (SFU) of the Nigeria Police Force to the EFCC shortly after the Commission was established in 2005.
Emmanuel said the EFCC wrote to various institutions, including the Central Bank of Nigeria (CBN), the Nigerian National Petroleum Company Limited (NNPCL) and the agency’s own forensic lab to gather evidence related to the case.
Attempts by the prosecution to tender certain documents as evidence were challenged by the defence on the grounds that they were not original or certified true copies.
After hearing arguments from both sides, Justice Dada admitted two of the documents as exhibits and rejected the others.
The case against Ajudua has faced multiple delays since it was first brought before Justice Morenike Obadina in 2005.
It was later reassigned to Justice Josephine Oyefeso and eventually to Justice Dada.
Ajudua was formally arraigned on June 4, 2018.
Following his initial bail denial by Justice Dada, Ajudua secured bail from the Court of Appeal on September 10, 2018.
The EFCC, however, challenged the ruling at the Supreme Court.
The commission also appealed the appellate court’s decision to transfer the case to a new judge for a fresh trial.
In 2024, the Supreme Court ruled in favour of the EFCC on both counts, ordering that the trial continue before Justice Dada.
