The Supreme Court of Nigeria has revoked the bail previously granted to Lagos socialite Fred Ajudua, who is currently facing trial over allegations of defrauding a German-based Palestinian businessman of $1.43 million in 1993.
In a unanimous judgment delivered on Friday by a five-member panel of the apex court, led by Justice Chioma Nwosu-Iheme, the court ruled that Ajudua must be remanded in prison custody, and his trial must resume without delay.
The ruling was in response to an appeal filed by the Economic and Financial Crimes Commission (EFCC), marked SC/CR/51/2019, challenging the December 10, 2018 decision of the Lagos Division of the Court of Appeal, which had granted Ajudua bail.
Supreme Court’s Rationale
Justice Nwosu-Iheme held that the Court of Appeal lacked jurisdiction to grant Ajudua bail after it had already declared his brief of argument as incompetent and struck it out. The Court concluded that the appellate court had become functus officio—having exhausted its legal authority on the matter—and could not proceed to rule on the bail application.
“At that point, the appellant’s (Ajudua’s) appeal was extinguished. The lower court had no jurisdiction to proceed further,” the court ruled.
The apex court reinstated the July 5, 2018 decision by Justice Mojisola Dada of the Lagos High Court, who had earlier denied Ajudua’s bail application, and ordered that the trial resume before the same judge for speedy determination.
Background of the Case
The EFCC alleges that Ajudua, alongside an accomplice Joseph Ochunor (still at large), defrauded Ziad Abu Zalaf, a Palestinian businessman, through forged CBN and NNPC receipts, under the guise of executing oil-related contracts.
The scam, according to prosecutors, occurred in 1993 and involved multiple payments by Zalaf, including:
- $268,000 on April 2, 1993
- $225,000 on May 12, 1993
The total amount allegedly swindled reached $1.43 million.
Bail History and Legal Maneuvers
Ajudua, who pleaded for bail on health grounds, was initially denied by the trial court. However, in a controversial decision, the Court of Appeal later overturned that ruling, granting him bail and describing it as a constitutional right.
Following this, the EFCC escalated the matter to the Supreme Court, which has now overruled the appellate decision, emphasizing due process and judicial consistency.
Next Steps
The Supreme Court has directed the Chief Judge of Lagos State to reassign the case to Justice Mojisola Dada for immediate continuation of trial. Ajudua is to remain in prison custody during this process.
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