Court orders EFCC to produce witnesses in Ajudua’s trial
Justice Kudirat Jose of Ikeja High Court on Friday ordered the Economic and Financial Crimes Commission (EFCC) to produce its witnesses in the trial of a one-time Lagos socialite, Fred Ajudua.
The judge made the order after the EFCC failed to produce the witnesses to testify against Ajudua, over an alleged $1.69 million (N252.8 million) fraud.
Jose directed that the witnesses should appear before the court on June 6, for commencement of the trial.
Fred Ajudua and Charles are being prosecuted for allegedly defrauding two Dutch businessmen – Messrs Remy Cina and Pierre Vijgen – of the sum between July 1999 and September 2000.
Earlier at the proceedings, the EFCC counsel, Mrs E.A. Sanusi, said their witnesses were absent due to two applications filed by Ajudua at the Court of Appeal, Lagos Division.
Sanusi said Ajudua had filed an appeal challenging the jurisdiction of the Lagos High Court to entertain his case.
She said the first defendant (Ajudua) had also filed an application for stay of proceedings of the matter by the lower court.
According to her, the appellate court has granted the motion an accelerated hearing and it will be decided on June 18.
“That is why we did not bring our witnesses. We need to hear that appeal first because the Court of Appeal did not strike out the application.
“If the application succeeds, then everything we are doing here will be in nullity,” Sanusi said.
Responding, Ajudua’s counsel, Mr Olalekan Ojo, said the defence was prepared for trial, stressing that there was no order of stay of proceedings from the Court of Appeal.
Ojo said:”The prosecution has not placed any cogent material before the court as to why it has failed to produce its witnesses before the court today.
“It is my respectful submission that the pendency of a stay of proceedings at the Court of Appeal does not stop Your Lordship from proceeding with this trial.”
He cited Section 273 of the Administration of Criminal Justice Law of Lagos State, 2011 and Section 40 of the EFCC Act to back his arguments.
Ojo said it was clear that the prosecution did not have witnesses, hence its failure to produce them before the court.
Orie’s counsel, Mr Ndubueze Esenkea, also said the defendants could not be on trial forever and no party should be seen as delaying the matter.
