Alleged $8.4m Fraud: Court Compels Fred Ajudua to Undergo COVID-19 Test

Wale Igbintade

A Lagos High Court, sitting in Ajah, has ordered alleged serial fraudster, Fred Ajudua to undergo Covid-19 test at Yaba Infectious Disease Centre Laboratory, in the presence of the representatives of both the prosecution and defence.

The court also ordered that the result of the COVID-19 test must be communicated to the court within 48 hours.

Justice Josephine Oyefeso made the order shortly after counsel to the defence, Akinwale Kola – Taiwo, who represented the lead counsel for the defendant Olalekan Ojo (SAN), informed the court that though Ajudua was present in court but pleaded that he should not be made to enter the court-room because he has been tested positive for COVID-19.

Ajudua, allegedly defrauded a former Chief of Army Staff, Lt. General Ishaya Bamaiyi of $8.4 million while they were both in Kirikiri Prison in 2004 for different offences.

The defendant and his accomplices approached Bamaiyi and convinced him that he would hire the legal services of Chief Afe Babalola (SAN) at a cost of $8.4 million, to help him secure his release from custody.

It is on record that for over two-years Bamaiyi has been under cross-examination by the defence after giving his evidence-in-chief on November 26, 2018.

The cross-examination of the former Chief of Army Staff has suffered several delays brought about by the defence.

At the resume hearing of proceedings yesterday, Kola-Taiwo told the court that medical report of the defendant shows that he contacted the deadly virus for the first time on January 8, 2021, and was tested negative on January 15, 21 after he treated himself through self-medication.

He said: “I am sincerely sorry for the absence of the defendant. He is downstairs but I don’t think he should be made to enter the court.”

“An associate of the defendant met me and handed over these documents to me. They are medical reports of the defendant testing positive for COVID-19 virus.”

“Your lordship, the defendant was tested positive of COVID-19 for the first time on January 8, 2021. He did self-medication and he was tested negative on January 15, 2021. The defendant has underlining health issue. He has been living with one kidney for couple of years now sir.”

“Sometimes around October 14 this year while he was in his home town in Delta State, the defendant also contacted COVID-19. The defendant has been medicating ever since, but the condition is deteriorating.”

“The latest test was done three days ago on December 3, 2021, and the result came out positive again. I was told that the defendant flew in from Delta state last night. We will be praying your lordship for an adjournment to give room for the defendant to be treated for the virus.”

In his response, lead prosecution counsel for the Economic and Financial Crimes Commission (EFCC), Seidu Atteh query the absence of the lead defence counsel, Ojo.

He said the defence should make all the documents available to the prosecution so that they will conduct their own investigation on the authenticity of the documents.

Atteh said in alternative, the court should invoke Section 235 of the Administration of Criminal Justice Law of Lagos State, 2014, which states that defendant can be tried in absentia.

Justice Oyefeso while delivering a bench ruling ordered the defendant to be tested at the laboratory of Yaba Infectious Disease Centre, in the presence of both the prosecution and defence.

The court also ordered defence to file application attached all the medical reports of the defendant before the court.

The judge directed prosecution to bringing the issue of Section 235 of ACJL, 2014 before the court as an application.

Justice Oyefeso adjourned the matter to 15 February, 2022 for continuation of trial.