The Supreme Court of Nigeria has overturned the bail granted to a Lagos-based businessman and former socialite Fred Ajudua by the Court of Appeal and ordered him back to prison.
Ajudua is on trial for allegedly defrauding a German company of $1million over 30 years ago.
The apex in a unanimous ruling delivered on Friday held that the Court of Appeal erred in its judgment to release Ajudua on bail.
The Supreme Court therefore ordered his immediate return to prison and instructed the trial judge, Justice Mojisola Dada of the Lagos State High Court, to resume proceedings in the case.
Ajudua, said to be a popular socialite and businessman during the 1990s and early 2000s, has faced a series of high-profile fraud allegations.
His legal troubles date back to the early 1990s when he was accused of defrauding a German businessman of $1 million through an advance fee fraud scheme, commonly known in Nigeria as a “419” scam.
Ajudua was originally arraigned before Justice Josephine Oyefeso of the Lagos High Court.
However, his case was later reportedly re-filed by the Economic and Financial Crimes Commission (EFCC) and reassigned to Justice Dada.
On July 6, 2018, at his re-arraignment, Ajudua applied for bail citing deteriorating health. However, Justice Dada denied the request, pointing to the protracted nature of the case.
“This case is one of the oldest in Lagos State. Bail is refused and the defendant is to be remanded in prison custody,” Justice Dada ruled at the time, according to Channels TV.
Following the rejection, Ajudua’s lead counsel, Olalekan Ojo (SAN), appealed the decision at the Court of Appeal in Lagos.
The appellate court, led by Justice Mohammed Garba, overturned Justice Dada’s ruling, asserting that bail is a constitutional right and permitting Ajudua to remain free under his previous bail conditions.
The EFCC, dissatisfied with the Court of Appeal verdict, took the matter to the Supreme Court, arguing that the appeal court had failed to consider the serious nature of the charges and the history of delays in the case.