Olalekan Ojo, SAN fails in quest to compel Gen Ishaya Bamaiyi to name sources of USD8.6 million
Emmanuel Ukudolo l Friday, June 14, 2019
IKEJA, Lagos, Nigeria – Defence lawyer, Mr. Olalekan Ojo(SAN) today failed in his quest to compel former Chief of Army Staff, Lt. Gen. Ishaya Bamaiyi to disclose the source of the USD8.6 million that he allegedly handed over to the defendant, Mr. Fred Ajudua, while he was in detention at Kirikiri Prison.
Bamaiyi who was under cross examination by the SAN had told the court that USD 2million was brought twice by Timothy Chechet and that it was counted in the reception in the presence of prison officials and CP Garuba and handed over to one Jonathan, whom he identified as the boy of the defendant, Fred Ajudua, adding that the defendant also confirmed receipt of the money.
Bamaiyi told the court that he had no domiciliary account then but that the money was withdrawn from NAL Merchant bank, now Sterling Bank and changed into US Dollars at the airport and brought in food coolers to Kirikiri prison.
“I withdrew this money from my family account, collected the money from the bank in Naira and changed it into US Dollars at the airport”, he said and that he was not bound to disclose the source of the money.
“My Lord from the begining, I did tell this honourable court that the money was given by my friends. I got this money from my farming business, my property business and my personal savings. My lord I am not in position to say, so,so, and so person brought money to me. I made that promise from the begining and I intend to keep that promise, I will not mention anybody’s name”, he said.
Citing section 224 of the Evidence Act, Olalekan Ojo, SAN said the act is clear as to when a witness is bound to answer any question that he may be asked under cross examination.
“My lord it is my humble submission that he should tell the court who brought the money. I ask that your lordship compell this witness to disclose names”, he submitted.
In his response, Tope Banjo(prosecution) averred that Section 224 of the Evidence Act cited by the defence is not applicable. As he puts it, a comprehensive reading of the act and specifically, Section 222 will show that the question being asked by defence counsel that the witness be compelled is irrelevant to the issue at stake.
He averred that Section 225 said questions will not to be asked without reasonable ground. “The defence counsel has not shown any good grounds for answering this question. My lord, we are not here for the source of the money – at worse it will be an issue for address. We are not here for the source, but it is an issue for address, I submit that the request of defence counsel should be discountenanced. It is an issue for address, he has not shown any reasonable ground. Any question may not be asked unless the person asking has reasonable ground for thinking that the imputation conveyed has reaonsble grounds”, he queried.
Ruling on the matter, Justice Josephine Oyefeso said the prosecution was right and that the issue raised is a matter for address and adjourned the matter to 16th and 19th of September 2019 for continuation of cross-examination.
Fred Ajudua is on trial by the Economic and Financial Crimes Commission(EFCC) for allegedly syphoning the sum of $8.6 million from Ishaya Bamaiyi while both were at the Kirikiri Maximum Prison.
According to the ammended suit dated 3rd November 2014 , 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.
