The Supreme Court has overturned a ruling by the Court of Appeal that granted bail to Lagos businessman and former socialite, Fred Ajudua, who is on trial for allegedly defrauding a German company of $1 million over three decades ago.
In a unanimous decision delivered on Friday, the apex court held that the Court of Appeal erred in granting bail and ordered Ajudua’s return to correctional custody.
The court also instructed Justice Mojisola Dada of the Lagos State High Court to resume hearing of the long-running criminal trial.
Ajudua was initially arraigned before Justice Josephine Oyefeso of the Lagos High Court. However, the Economic and Financial Crimes Commission (EFCC) later re-filed the case, which was reassigned to Justice Dada.
At his re-arraignment on July 6, 2018, Justice Dada denied Ajudua’s bail application on health grounds, citing the protracted delays the case had suffered for over 13 years.
“This case is one of the oldest in Lagos State. Bail is refused, and the defendant is to be remanded in prison custody,” she ruled.
Following the ruling, Ajudua’s lawyer, Olalekan Ojo, SAN, appealed to the Court of Appeal in Lagos. Justice Mohammed Garba, delivering the appellate court’s judgment, overturned the High Court’s decision, asserting that bail is a constitutional right and allowed Ajudua to remain free under his previous bail conditions.
The EFCC, dissatisfied with the appellate court’s ruling, escalated the matter to the Supreme Court, which has now ruled in its favour.
