An Ikeja, Lagos State High Court has ordered the Economic and Financial Crimes Commission to produce its witnesses in the trial of a one-time Lagos socialite, Fred Ajudua.
Justice Kudirat Jose made the order on Friday after the EFCC failed to produce the witnesses to testify against Ajudua over an alleged $1.69 million (N252.8 million) fraud.
Jose directed that the witnesses should appear before the court on June 6 for commencement of the trial.
Ajudua is standing trial alongside one Charles Orie.
They are being prosecuted for allegedly defrauding two Dutch businessmen – Remy Cina and Pierre Vijgen – of the sum between July 1999 and September 2000.
Earlier at the proceedings, the EFCC counsel, E.A. Sanusi, said the witnesses were absent due to two applications filed by Ajudua at the Court of Appeal, Lagos Division.
Sanusi said Ajudua had filed an appeal challenging the jurisdiction of the Lagos High Court to entertain his case.
She said the first defendant (Ajudua) had also filed an application for stay of proceedings of the matter by the lower court.
According to her, the appellate court has granted the motion an accelerated hearing and it will be decided on June 18.
Sanusi added: “That is why we did not bring our witnesses.
“We need to hear that appeal first because the Court of Appeal did not strike out the application.
“If the application succeeds, then everything we are doing here will be in nullity.”
Responding, Ajudua’s counsel, Olalekan Ojo, said the defence was prepared for trial, stressing that there was no order of stay of proceedings from the Court of Appeal.
Ojo said: “The prosecution has not placed any cogent material before the court as to why it has failed to produce its witnesses before the court today.
“It is my respectful submission that the pendency of a stay of proceedings at the Court of Appeal does not stop Your Lordship from proceeding with this trial.”
He cited Section 273 of the Administration of Criminal Justice Law of Lagos State, 2011 and Section 40 of the EFCC Act to back his arguments.
Ojo said it was clear that the prosecution did not have witnesses, hence its failure to produce them before the court.
Orie’s counsel, Ndubueze Esenkea, also said the defendants could not be on trial forever and no party should be seen as delaying the matter.
Trending
- CSOs to EFCC, others: Don’t desecrate the courts while fighting corruption
- Why we’ve not paid stipends of Niger Delta ex-militants – Amnesty Office
- Eko DisCo reiterates commitment to improved service delivery
- Transcorp Hotels sells Calabar subsidiary
- FA, Premier League agree to scrap FA Cup replays
- Alake: Tinubu reforms yielding results
- NAPTIP arrests ‘Reverend Sister’ for allegedly trafficking 38 children
- Breaking: Police allegedly arrest Rivers lawmaker, Fubara loyalist in Abuja