Appeal Court reserves judgment in Ajudua's appeals

(Nigeria)The Court of Appeal Lagos, on Monday, reserved judgments in two separate appeals filed by a Lagos socialite, Fred Ajudua against the ruling of a Lagos High Court in Ikeja, which refused his bail application.
It will be recalled that Justice Oluwatoyin Ipaye of the lower court, had refused Ajudua’s application, in a suit filed by the Economic and Financial Crimes Commission--EFCC, over alleged fraud.
Ajudua was alleged to have defrauded former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi (rtd.) of about $8.4 million.
In refusing his bail application, Ipaye had made reference to Ajudua’s antecedents in criminal matters before another Lagos State High Court, where he not only jumped bail, but also allegedly interfered with the court process.
On that premise, the judge refused the appellant bail.
Dissatisfied with the ruling of the court, Ajudua had filed an appeal before the appellate court, urging it to set aside the lower court's decision.
The appellate court presided by Justice Rita Pemu also reserved judgement in a separate appeal filed by Ajudua on the refusal of the lower court to allow him make an extra-judicial statement, on allegations levied against him.
The court reserved the two appeals for judgement following adoption of brief of arguments by appellant’s counsel, Mr Olalekan Ojo and EFCC's counsel, Mr Saidu Atteh.
Adopting his brief of argument, Ojo formulated four issues for determination and urged the court to determine whether the lower court was right when it refused to admit the appellant on bail inspite of the condition of his health.
Ojo maintained that the facilities at the Kirikiri Maximum Prison was grossly inadequate and could not take care of the appellant's health.
Besides, he argued that because of the peculiar nature of Ajudua's ailment, he required specialised medical equipment to manage his condition effectively.
On the issue of extra-judicial statement, Ojo argued that it was the duty of the court in all cases, especially in criminal cases where the liberty of the accused was at stake, to ensure that justice is done.
He therefore, urged the court to allow his appeal and set aside the ruling of the lower court.
In response, counsel to the EFCC Atteh, submitted that the medical needs of Ajudua could be taken care of where he was detained.
He noted that the Commission was also  prepared to provide medical services for the appellant within the jurisdiction of the court, where the need arose.
Atteh argued that Ajudua would not honour the terms of his bail if granted, and that there was a high probability that he would jump bail.
He further argued that Ajudua would interfere with the witnesses as he had allegedly done in past and therefore, urged the court to dismiss the appeal.
Ajudua was alleged to have conspired others (now at large) to perpetrate the fraud between November 2004 and June 2005.

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