EFCC investigator testifies as Ajudua seeks fresh bail

Third prosecution witness Afanda Bashir Emmanuel on Friday testified in the ongoing trial of alleged serial fraudster, Fred Ajudua, at the Lagos State Special Offences Court, Ikeja.

The trial was before a judge, Mojisola Dada.

Mr Emmanuel, an investigator with the Economic and Financial Crimes Commission (EFCC), told the court that he joined the Commission in 2009 and became involved in the case after it was transferred from the Nigeria Police Force’s Special Fraud Unit to the EFCC’s Advance Fee Fraud Section.

He said the EFCC contacted several institutions — including the Central Bank of Nigeria (CBN), the Nigerian National Petroleum Company Limited (NNPCL) and the Commission’s forensic laboratory — in the course of its investigation into the alleged $1,043,000 fraud against a Palestinian businessman, Zad Abu Zalaf.

The witness confirmed interviewing the complainant, Mr Zalaf, and another individual, Michel Opkema, as well as visiting Mr Ajudua at the Kirikiri Maximum Security Prison, where relevant documents were obtained.

Under cross-examination, the EFCC operative admitted that the agency did not take new statements from the defendant after the case was transferred from the police.

The proceedings were briefly halted after the defendant requested a toilet break. Upon his return, Mr Ajudua, who appeared in white native attire and held a walking stick, complained to his lawyer that he was bleeding.

His lawyer, Olalekan Ojo, who is a Senior Advocate of Nigeria (SAN), consequently sought an adjournment to enable his client to attend to his health.

Earlier in the session, Mr Ojo informed the court that his client had filed a fresh bail application after withdrawing a related motion pending before the Supreme Court.

He said the step was taken to allow the trial court to deliver its ruling on the new application.

“We decided to withdraw the motion we filed at the Supreme Court to allow this Honourable Court deliver its ruling on the bail application,” Mr Ojo told the court, while submitting an affidavit and a copy of the withdrawal notice.

But EFCC’s lawyer, Seidu Atteh, opposed the move, arguing that the withdrawal notice was still before the Supreme Court.

“The defendant must produce an order of the Supreme Court either dismissing or striking out the notice of withdrawal. We urge this court to await the decision of the Supreme Court,” he said.

Ruling

In her ruling, Mrs Dada agreed with the prosecution, holding that the trial court must confirm the status of the withdrawal before taking further steps.

“This court, being a court of record, must be satisfied that the notice of withdrawal has been properly filed and considered by the Supreme Court,” the judge ruled.

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The case was adjourned until 31 October for continuation of cross-examination.

Mr Ajudua has been standing trial for allegedly defrauding Mr Zalaf of $1.043 million under false pretence.

In May, the Supreme Court revoked his earlier bail and ordered his remand in prison.

The EFCC has since opposed his fresh bail efforts, insisting the trial court must await the outcome of related Supreme Court filings.