Court dismisses Ajudua’s demand for Bamaiyi’s trial

    
A Lagos High Court, Ikeja on Monday dismissed an application seeking an order to compel the Economic and Financial Crimes Commission to prefer money laundering charges against a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi (retd.).

Justice Oluwatoyin Ipaye held that the application, which Ajudua had also filed to ask the court to quash the fraud charges instituted against him, lacked merit.

“The application is hereby dismissed in its entirety,” Ipaye ruled.

The EFCC had preferred 14 counts of fraud against Ajudua for allegedly defrauding Bamaiyi of $5.9 million (about N1 billion) between November 2004 and June 2005 while both of them were remanded in Kirikiri Prisons.

But Ajudua insisted in the application that Bamaiyi’s petition to the EFCC, stating how the money was fraudulently collected from him and for which purposes, amounted to confession to money laundering offences and attempt to bribe public officers.

But the judge held that ordering the EFCC to prosecute Bamaiyi would amount to the court “going on a voyage of discovery”.

She insisted that the court would not rely on sentiments but would only rely on the facts before her.

Ipaye also dismissed the contention of the defence counsel, Mr. Olalekan Ojo, who had argued that section 262 of the Administration of Criminal Justice of Lagos State was in conflict with section 36(6)(b) of the constitution.

According to Ojo, Section 262 of the ACJL which stipulates that the defendant shall not file an objection to the charges instituted against him until after the prosecution finishes its case

Ojo had also objected to the charge, saying it was brought under a repealed law. Ruling on the objection, the judge held that it lacked merit.

“Section 262 is in furtherance of the accused person’s rights to fair hearing. It does not violate the Constitution,” she said.

The judge fixed March 11 for the arraignment after he overruled Ojo’s request to file another application for quashing of the charges.

Ojo claimed that the defects was duplicity of charges in counts two to 14.

“I urge my lord to adjourn the arraignment so that we can ventilate this issue of duplicity of the counts,” he said.

But EFCC lawyer, Mr. Seidu Atteh, argued Ojo’s argument was immaterial as the accused could always change his plea at any time.

He added that Ojo should have raised the issue of alleged duplicity of the counts earlier, since the charge had long being with him.

He urged the court to refuse the application for an adjournment.

After Justice Ipaye ruled that the arraignment should go on, Ojo said Ajudua was not personally served with the charge and had not had time to read and understand it.

Justice Ipaye said since Ajudua’s previous lawyer was served with the charge and Ojo had raised issues based on it, so it was deemed as having been properly served on the defendant.

EFCC alleged that Ajudua conspired with others who are at large to perpetrate the fraud between November 2004 and June 2005.

Those said to be on the run are Alumile Adedeji (a.k.a Ade Bendel), one Mr. Kenneth and Princess Hamabon William.

They allegedly defrauded Bamaiyi at the Kirikiri Maximum Prisons, where they were all remanded for different alleged crimes.

EFCC claimed that the suspects fraudulently collected the money from Bamaiyi in parts, falsely claiming that the payments represented the professional fees charged by Chief Afe Babalola (SAN) to handle Bamaiyi’s case in court and to facilitate his release from prison.