Romanus Okoye
A lawyer, Mr. Allen Agbaka, narrowly escaped “contempt of court” charge for failing to return to court after a judge of Lagos High Court, Ikeja briefly “stood-down” the trial of Chief Fred Ajudua for alleged fraud.
Mr. Agbaka had applied for adjournment on health grounds but the presiding judge, Justice Josephine Oyefeso objected. Rather, she “stood down’ the matter to enable the lawyer to take his medications and brief rest.
At resumption, the lawyer sent a note through the defendant, Chief Ajudua, claiming that he had an urgent appointment with his medical doctor over his health.
But the judge who was angered by his absence, said that the attitude of the lawyer was unbecoming and not good example for the next generation.
She said: “The counsel’s conduct was unbecoming because the matter was reassigned to me after being before another judge. And the defendant was arraigned on May 16, 2017.
“After several adjournments, the cross examination of the first prosecution witness, Gen Ishaya Bamaiyi (rtd) started on February 21, 2019 till today.”
The judge who did not favour the application of the prosecution counsel to charge the defence lawyer with contempt of court,” however, noted that the counsel told the court he was not feeling fine.
“He continued with the cross -examination without signs of illness only for him to leave the court without permission during the stand-down” she said.
“He has no right to send a note to this honourable court. If counsel to the defendant fails to be in court on the next adjourned date, I will discharge the witness. There must be an end to litigation.”
Mr. Agbaka held brief for Mr. Olalekan Ojo, the lead counsel of the defence team of Chief Fred Ajudua, who was absent at yesterday’s proceedings.
Meanwhile, during the cross examination before the stand-down, General Bamaiyi told the court that he raised the $8.6 million he allegedly gave to Ajudua through the assistance of family and friends.
He explained that partof the money were given to Ajudua in the presence of prison officials and no receipt was issued in respect of the money.
“Money meant for payment of lawyers is not recorded by prison officials,” he said. “I had up to five lawyers; some of them were paid by my state governor then, Senator Adamu Aliero and my younger brother.
Bamaiyi said he never met Chief Afe Babalola before but knew of his reputation as a renowned lawyer.
“When the defendant told me he could help me, I gave him the money. My family was against the arrangement but I trusted him not knowing it was fraudulent,” he said.
“I only have naira account but the defendant refused to collect cheque. He insisted on cash payment and suggested I pay in dollars to reduce the bulkiness.”
Earlier, Bamaiyi told the court that Ajudua received money from him in 25 tranches.
His diary entries revealed that in December, 2004, Ajudua received $20,000, $400,000, $350,000 and $1,000,000.
In January, 2005, according to the dairy recording, the defendant received $200,000 on two occasions, $700,000 and $175,000. The matter was adjourned till June 14 for continuation of trial.
In February, 2005, Ajudua received $50,000, $500,000, and in May, he $100,000 dollars, $20,000 and $29, 200, saying that his (Bamaiyi) representatives disbursed the funds.
“In June, 2005, 450,000 dollars, 180,000 dollars, 450,000 dollars were received by Ajudua. In July, 2005, one million dollars, 390,000 dollars, 42,000 dollars and 177,000 dollars were received on various occasions by Ajudua.
“In September, 2005, $15,000 was received by Ajudua. In November, 2005, the defendant received $80,000 and in December, Ajudua received $15,000.”