Fred Ajudua challenges EFCC’s right to prosecute him

FRED Ajudua, a Lagos socialite and businessman on Monday challenged the right of the Economic and Financial Crimes Commission (EFCC) to prosecute him over charges that he defrauded a former Chief of Army Staff Lt-Gen. Ishaya Bamaiyi of $330,000.

The anti graft agency accused Ajudua of defrauding Bamaiyi while the duo were in custody at the Kirikiri Maximum Prisons in 2004 for different offences.

According to the EFCC, Ajudua had approached Bamaiyi who was facing trial for the attempted murder of Mr Alex Ibru, the late publisher of The Guardian Newspaper, convincing him that he could help to secure his freedom.

He allegedly collected the money from Bamaiyi under the guise that the money was legal fees for the law firm of Chief Afe Babalola and Co.

At Monday’s proceedings, counsel to Ajudua, Mr Norrison Quakers SAN in an application dated Jan. 6 challenged the jurisdiction of the court to hear the case. He also urged the court to quash the charge brought by the EFCC against his client.

“We have filed an affidavit and a reply in points of law challenging the jurisdiction of this court to hear this case.

“The law provides also provides that an information in this charge can only be filed by the Attorney-General of the state and not the EFCC,” he said.

Responding, counsel to the EFCC, Mr S.A Atteh said that there was a judgment of the Court of Appeal upholding the right of the EFCC to prosecute the matter.

“We have filed a counter-affidavit dated Feb. 9 urging the court to allow the judgment of the Court of Appeal on whether the EFCC has a fiat to prosecute this case.

“I urge the court to dismiss the application of the defence and call the defendant to take his plea,” he said. Justice Oyefeso adjourned the case to March 30 for ruling.