Emmanuel Ukudolo l Wednesday, April 03, 2019
LAGOS, Nigeria – A former Chief of Army Staff, Gen. Ishaya Bamaiyi today denied ever instructing notorious frauster, Fred Ajudua and one Ade Bendel, now at large to bribe a former Lagos State High Court Judge, Justice Olubunmi Oyewole and other Lagos State Government officials to facilitate his release from prison.
Bamaiyi was testifying before Justice Josephine Oyefeso in the case involving him with Fred Ajudua and others now at large who allegedly syphoned the sum of $8.4 million from him, while both were at the Kirikiri Maximum Prison.
According to the ammended suit dated 3rd November 2014 by the Economic and Financial Crimes Commission, EFCC, Ajudua and a former Court Registrar, Mrs. Rosulu Oluronke, one Alumule Adedeji a.k.a Ade Bendel, one Jonathan, one Princess Amabo, one Williams and others still at large were said to have at different times falsely presented to Bamaiyi that the said sums were part payment for professional fee to Afe Babalola to facilitate his release from prison custody.
Bamaiyi who was being led in evidence by Mr. Olalekan Ojo(SAN) counsel to the defender, Mr. Fred Ajudgua told the court that he only instructed Fred Ajudua and one Ade Bendel now at large to get him a good lawyer in the person of Afe Babalola(SAN) to facilitate his release from prison and never to bribe Lagos State Government officials.
Olalekan Ojo: “I suggest that your instruction was that the defendant and one Ade Bendel said to be at large had to your knowledge and with your consent promised to bribe Hon. Justice Oyewole of the high court of Lagos State and some Lagos State government officials to facilitate your release from prison.
Bamaiyi: That is not correct. I never intend to bribe anybody
Olalekan Ojo: I suggest to you that you know as a high profile citisen of Nigeria that it is wrong to attempt to compromise judicial officers. Do you know that?
Bamaiyi: Yes I know.
Olalekan Ojo: You also know that it is totally wrong for you to have or to send anybody to a judicial officer that is presiding over a case in which you are a defendant
Bamaiyi: I do not see anything wrong in sending sombody to anybody.
Olalekan Ojo: I further suggest that you did not see anythign wrong even if that person is the judge presiding over a case in which you a defendant.
Bamaiyi: Yes, as long as I am sending you for something reasonable.
Olalekan Ojo: As a veteran general you believe in the Nicolo Machiavalian principal that the end justifies the means
Bamaiyi: I dont understand what you mean, I don’t believe it
Olalekan Ojo: How many times have you sent errand to any judicial officer before?
Bamaiyi: I never sent anybody to any judicial officer
Olalekan Ojo: I put it to you that alleged suggestion by defendant was found agreeable to you
Bamaiyi: No, he decieved me. If anybody is in trouble he looked for a way out and that is what we agreed upon, take Afe Babalola as a lawyer, that was what we agreed on, read my statement again.
Olalekan Ojo: I suggest that you agreed with all the suggestion of the defendant
Bamaiyi: I agreed because I thought they were truthful
Bamaiyi: On your honour and on oath, did the defendant ever suggest to you how to facilitate your relase by reaching out to judicial officiers including Justice J.O. K. Oyewola and other oficials of the Lagos State Government
Bamaiyi: He did not make that suggestion. My lord I think I should answer the question the way they are. He was the one who brought the idea and I agreed because I wanted my freedom becasue he deceived me.
Olekan Ojo: The suggestion I am talking about is the suggestion to compromise judicial officers
Bamaiyi: No the suggestion is to get a good lawyer to defend me.
Olalekan Ojo: Did the defendant further suggest the need to reach out to certain government oficials
Bamaiyi: No, he never did that, he never made that suggestion.
Olalekan Ojo: Did you at anytime write in any of your statements about the suggestion to reach out to Justice Oyewole and some other Lagos State Government officials?
Bamaiyi: No, I did not
Olelakan Ojo(SAN) called for statement dated June 27, 2014, but the prosecution led by S.K Ateh said he only has photocopy. Ojo objected that only the original or certified true copy are admissible in law based on the Evidence Act. He said he only has statements of 11, Dec 2006, 6th June, 11 Dec 2006, July, 2013 and Dec, 2013. He told the court that it was in the process of detaching the files that he left the original.
Ojo cited Evidence Act, 2 3,3, and requested for orginal or ceritified true copy of original of statement wth EFCC not photocopy. But upon failure by the EFCC team to furnish him with the original, he told the court that he is constrained to continue his cross examination since he would usually prefer a situation that the examination will flow smoothly.
“We are constraint by reason of prosecutorial default, we are constrained to ask for ajournment. I have other questions, but I want it to flow. My Lord, in some other climes, your Lordship willl impose cost. My lord, I will not be asking your lordship to impose any cost but I expect a diligent prosecutor of his calibare to come to court with all the statements.
SK Ateh, moved for the court to proceed with without the original. But Ojo punctured his motion, stressing that he is not to suggest to him how he is to proceed with his case, adding that such an application is grossly incompetent.
Ruling on the matter, Justice Josephine Oyefeso said it is the duty of the prosecutor to come to court with original of statement, adding that failure to do so today foised adjournment on the court due to inablity of the prosecution to furnish documents. She then adjourned to May 8/14 2019 for continuation of cross examination.
