The Lagos Division of the Court of Appeal on Friday admitted an alleged serial fraudster, Fred Ajudua, to a N10m bail.
The accused, standing trial before a Lagos State High Court in Ikeja over an $8.3m fraud allegation, was equally given the permision to travel abroad for medical treatment.
Ajudua was charged to court by the Economic and Financial Crimes Commission for allegedly defrauding a former Chief of Army State, Lt-Gen. Ishaya Bamaiyi (retd.)
The trial judge of the lower court, Justice Oluwatoyin Ipaye had refused Ajudua’s bail application on the ground that there was high likelihood that the accused would jump bail and interfere with the prosecution’s witnesses.
But dissatisfied, Ajudua through his lawyer, Olalekan Ojo, had appealed against the ruling and urged the appellate court to set it aside.
The appellate court in its lead judgement delivered by Justice Rita Pemu on Friday held that Ajudua could only stand trial if preserved alive.
The judgement was unanimously adopted by two other members of the panel namely; Justice C. E. Iyizoba and Justice J.Y. Tukur.
Delivering the judgement, Justice Pemu held that the charge levelled against Ajudua by the EFCC does not attract capital punishment hence it’s a bailable offence.
The court observed from the medical report presented at the lower court that Ajudua had been a patient at the Lagos University Teaching Hospital for kidney related illness since as far back as 1987.
“He was already a sick man at the time the charge was filed against him. The lower court turned a blind eye on the plight of the appellant.
“A man with just one kidney is a walking carcass. Although his reputation is found wanting, he has not been convicted. The court ought to show mercy as a result of his health challenges,” Justice Pemu held.
On the claim by the EFCC that Ajudua would interfere with witnesses, Justice pemu held that the anti-graft agency failed to show any calculated attempt made by the appellant to do so.
Consequently, the court granted Ajudua bail in the sum of N10m with two sureties in like sum.
The sureties, the court said, must have property worth N50m in Lagos.
Ajudua was also ordered to sign an undertaking that he would remain in Nigeria throughout his trial unless there was need for him to travel abroad for treatment.
The appellate court, however, dismissed Ajudua’s appeal numbered CA/L/693A on the refusal of the lower court to allow him make extra-judicial statement in response to the allegations levelled against him.
Justice Pemu affirmed the decision of the lower court on the ground that Ajudua was given the opportunity to make statements but he chose not to do so.
The judge held. “It’s appeallant’s constitutional right but he chose to waive it. The court cannot teach the Police how to carry out its investigation. The court cannot also force the defendant to make statement.”
