Emmanuel Ukudolo l Tuesday, May 14, 2019
IKEJA, Lagos, Nigeria – Mr. Allen Agbaka, lawyer representing serial fraudster, Mr. Mr. Fred Ajudua in the trial between Federal Government of Nigeria Vs Fred Ajudua in the USD 8.6 million trial today abandoned trial midway. He stood in for Mr. Olalekan Ojo(SAN), lawyer to Fred Ajudua and he effectively cross-examined the witness, Leutenant General Ishaya Bamaiyi for more than one hour.
But midway into cross examination, he told the court he would need an adjournment for health reasons. He had told the court shortly after he announced his appearance that Ojo could not make the sitting since he suddenly took ill and that he was standing in for him and would seek ajournment but that he is ready to proceed with the matter if Justice Josephine Oyefesor disagrees with his prayers.
He indeed rattled the witness, General Bamaiyi who was equal to task by refusing to be pushed into a corner by the young agile lawyer. He did not show any sign that he was ill until he made the request for adjournment for health reason.
He said that it could be a matter of an ambulance if the judge insists he must go on with cross-examination. But the judge said those who came to court with their legs will go home with their legs and not with ambulance.
Justice Oyefeso added that it would be unfair for the witness who has been under cross examination since January 2018.
“The witness has been under cross-examination since January – cross-examination cannot go on in perpetuity. Continuation of cross-examination today was fixed since 3rd of April, 2019. I will stand down the case for 30 minutes”, she ruled and rose.
Thirty- minutes later when the judge sat to continue the matter, Mr. Allen Agbaka was no where to be found. The defendant, Fred Ajudua handed the registrar a handwritten note to the effect that the lawyer had left to meet up with an urgent medical appointment for 1:30pm.
Infuriated by the development, Justice Josephine Oyefeso told the court that the defence counsel has no right to send her a note after she made a specific order. “Cross examination has to be concluded today. I made a specific order, I stood down the case for 30 minutes”, she said.
At this point, the defendant, Fred Ajudua, in the dock told the court that the witness had made 25 entries of financial transactions in his diary and that the SAN has to take on him on each of the entries. “I am sorry my lord, the man is not well, this is the last ajournment”, Ajudua pleaded.
After which Justice Oyefeso ruled. “He delibratedly disobeyed and left the court, I will stand down the case for another 30 minutes and wait for him to appear. This is a 2013 case”, she ruled and rose for another 30 minutes.
Justice Oyefeso sat for a second time and decided to give the defense one last adjournment but that she would close the case if the defence fails to show up and adjourned till June 14, 2019 for continuation of cross-examination.
