Ajudua gets bail on health ground
The Court of Appeal in Lagos on Friday granted bail to
Fred Ajudua who is standing trial on charges of fraud to enable him to seek
proper medical attention.
The court granted the bail in the sum of N10 million
with two sureties in like sum.
The court held that the sureties must have property
worth N50 million in Lagos.
It also ordered that Ajudua signed an undertaking to
remain in Nigeria throughout his trial, unless there was need for him to travel
broad for treatment.
It set aside the ruling of an Ikeja High Court which refused
a similar application by the appellant.
The lead judge of the appellate court, Justice Rita
Pemu, granted the bail on the ground that only a living person could stand
trial.
It would be recalled that Justice Oluwatoyin Ipaye of
the lower court had refused Ajudua’s application.
The suit was filed against Ajudua by the Economic and
Financial Crimes Commission (EFCC), over alleged fraud.
Ajudua was alleged to have defrauded former Chief of
Army Staff, Lt.-Gen. Ishaya Bamaiyi, of about 8.4 million dollars.
In refusing his bail application, Ipaye had made
reference to Ajudua’s antecedents in criminal matters before another Lagos
State High Court, where he jumped bail and allegedly interfered with the court
process.
Dissatisfied with the decision Ajudua through his
lawyer, Olalekan Ojo, appealed the ruling, urging the appellate court to set it
aside.
Delivering the lead judgment, Pemu held that Ajudua
could only stand for trial if preserved alive.
She held that the charge levied against Ajudua by the
EFCC does not attract a capital punishment, and to that extent, was a bailable
offence.
The court observed from the medical report presented
at the lower court that Ajudua had been a patient at the Lagos University Teaching
Hospital, for kidney related illness as far back as 1987.
On the claim by the EFCC that Ajudua will interfere
with witnesses, Justice Pemu held that the anti-graft agency failed to show
calculated attempt made by appellant to do so.
The court dismissed Ajudua's appeal on the refusal of
the lower court to allow him make extra-judicial statements in response to the
allegations levied against him.
Pemu affirmed the decision of the lower court on the
ground that Ajudua was given opportunity to make statements but he chose not to
do so.
Ajudua, in his appeal, raised four issues for
determination and urged the court to determine whether the lower court was
right when it refused to admit him on bail in spite of his ill health.
He had argued that the facilities at the Kirikiri
Maximum Prison were grossly inadequate and could not take care of his failing
health.
He had urged the court to allow his appeal and set
aside the ruling of the lower court. – Agency
Report
Comments
Post a Comment