an alleged fraud kingpin, Mr. Fred Ajudua, and his co-accused, Charles
Orie, for defrauding two foreign businessmen of $1.69m (N270m) between
July 1999 and September 2000.
The re-arraignment came more than 10 years after the charges were
instituted against the accused on July 24, 2003.
The matter is therefore starting afresh after about six witnesses, two
of whom were foreigners, had earlier testified before it was
re-assigned to a new judge, Justice Kudirat Jose. Over 50 court
sessions have been conducted on the case since 2003.
Jose, before whom the two accused pleaded not guilty to the four
counts of fraud on Wednesday, took over the case from Justice Olubunmi
Oyewole, who recently withdrew from the case.
Oyewole withdrew from the case after a former Chief of Army Staff,
Lt.-Gen. Ishaya Bamaiyi (retd.), petitioned the EFCC, alleging that
Ajudua used the names of the judge and others to defraud him of about
$8.395m.
At the re-arraignment of Ajudua and Orie on Wednesday, the EFCC
alleged that the accused defrauded Mr. Remy Cina and Pierre Vijgen -
of about $1.69m between July 1999 and September 2000.
The accused were said to have defrauded the foreigners by collecting
the money in tranches on the pretext that it was meant for "sundry
payments to government officials" to secure an $18m worth of contract
with number, FMA/PED/3040/S92.
After the re-arraignment on Wednesday, Jose ordered Ajudua and Orie to
be remanded in prison pending the hearing of their bail applications
on February 19.
A Lagos High Court judge, Justice Ganiyu Safari, had on September 24,
2013, granted bail to Ajudua on health grounds during the last
vacation of the judiciary in the state.
But the accused was unable to meet the bail conditions up till when
the matter was re-assigned to Jose.
The judge turned down the request by Ajudua's lawyer, Mr. Olalekan
Ojo, to allow his client to meet the bail conditions instead of being
made to file a fresh bail application.
The prosecuting counsel, Mr. Olumuyiwa Balogun, had opposed Ojo's
request, reminding the court that since the matter was starting
afresh, all previous orders and steps made in the case were no longer
valid.
Balogun had also informed the court that prosecution would not oppose
Orie's request to be allowed to continue to enjoy the bail earlier
granted the accused in January 2004.
But the judge ordered that both of them should file fresh bail
applications. He directed the prosecution to respond to the
applications before February 19.
She also fixed April 28 and 29 for the re-commencement of the trial.
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