By ABDULWAHAB ABDULAH
LAGOS — An Ikeja High Court, yesterday, adjourned ruling till today in an application filed by alleged fraudster, Fred Ajudua, asking it to quash the $1.6 million fraud charges brought against him by the Economic and Financial Crimes Commission, EFCC.
The trial judge, Justice Joseph Oyewole, fixed the date after hearing the arguments canvassed by Ajudua’s counsel, Alex Agba and the EFCC’s, Wemimo Ogunde, SAN, on the case.
Ajudua, who was earlier remanded in prison custody by the court on June 11, 2013 after the court revoked his earlier bail, came with the motion to quash, instead of his bail application.
However, in a opposition to the application, EFCC counsel, Ogunde said the court could not quash the charge in a case that was partly heard, where witnesses had testified, before Ajudua refused to come to court for further trial.
According to him, a court could not quash a charge without analysing evidence earlier given by witnesses in the case.
When the matter came up, Ajudua in a Motion On Notice dated June 7, 2013, supported by a 16-paragraph affidavit, argued that since the complainant had withdrawn the case and filed an affidavit before the court to that effect, the court was necessitated to quash the charge.
In its argument however, EFCC said a victim of fraud could not come to court to file an affidavit of discontinuance, which now form basis for the defence to request a quash of the criminal charge filed by the state.