Bamaiyi’s proof of source of $8.4 million insufficient, Ajudua tells court

Olalekan Ojo (SAN), counsel to Lagos socialite, Fred Ajudua, has
described as insufficient the proof of the source of $8.4 million
allegedly defrauded Ishaya Bamaiyi by Mr Ajudua.

Mr Ajudua is standing trial before a Lagos High Court in Ikeja
for defrauding Mr Bamaiyi of the sum in 2004 while they were both
incarcerated at the Kirikiri Maximum Prisons, Lagos.

He is being prosecuted by the Economic and Financial Crimes
Commission (EFCC).

Mr Ajudua, however, pleaded not guilty.

In a written address he filed alongside a motion dated February
6, Mr Ojo contended that the alleged insufficient proof of the
source of the funds denied Mr Ajudua the right to fair trial as
provided for by Section 36(6) (b) of the 1999 Constitution.

Mr Ojo said at the resumed trial of the case on Tuesday: “The
prosecution is saying in both its counter-affidavit and written
address that it is not bound to give us the documents we are asking
for.

“It has not contended that the documents are not relevant or
available. I shall rely on the testimony of Prosecution Witness One
(PW1), Bamaiyi, a former Chief of Army Staff.

“PW1 said he sold several houses, received funds from friends
and added his personal money and gave to the defendant. That
evidence sums up the totality of the case of the Federal Republic
of Nigeria (FRN).

“For example, PW1 claimed a property was sold in 2005 but it was
executed in 1993. As far as we are concerned, you have not given us
what we have requested for.”

Mr Ojo added that Mr Bamaiyi claimed that the defendant visited
him several times at the Kirikiri Prisons.

“We have asked the FRN to produce documents as a proof of the
visit but it has not provided the proof.”

Responding, Seidu Atteh, the lead counsel to EFCC, however, said
Mr Bamaiyi had provided proof of the source of the funds as
requested by the defence.

He said the defence also requested for documents which Mr
Bamaiyi had no access to, such as the 2005 Visitors Book of the
Kirikiri Maximum Prisons.

“In compliance with the order of the court given on December 20,
2018, we filed additional proof of evidence in addition to the
complainant’s evidence.

“My lord, an order of court should be on something clear and
unambiguous; the defendant is asking for some documents which are
not in our possession.

“On the issue of the dates of the property transactions, this is
something the defonce counsel can put to the complainant during
cross-examination,” he said.

Justice Josephine Oyefeso consequently adjourned the case until
Feb. 21 for ruling on the submissions, and continuation of
trial.

NAN reports that the EFCC alleged that Ajudua and some others
approached Bamaiyi when he was in the Kirikiri Prisons (over
alleged attempted murder of the Publisher of the Guardian
newspaper, Mr Alex Ibru) to allow them to hire the legal services
of Afe Babalola (SAN) for him.

The EFCC claimed that Mr Bamaiyi gave Mr Ajudua $8.4 million as
the legal fee but he defrauded him.

The law chambers of Afe Babalola and Co. has since issued a
disclaimer, disassociating itself from the case.

During court proceedings on December 20, 2018, Mrs Oyefeso
granted Mr Ojo’s request that Mr Bamaiyi should provide a proof of
the source of the $8.4 million he was allegedly defrauded by Mr
Ajudua in 2004.

(NAN)