The Economic and Financial Crimes Commission , EFCC, on Monday, June 24, 2013, opposed an application filed before a Lagos High Court sitting in Ikeja by counsel to Mr. Fred Ajudua praying the court to quash the charges against his client in the $1.69billion scam trial. The defence counsel, Mr. Allens Agbaka told the court that the EFCC would not be able to produce its star witness, Mr. Remi Cime, a Dutch National who is the victim of scam.
EFCC’s counsel, Oluwemimo Ogunde, SAN, told the court presided over by Justice Olubunmi Oyewole, to discountenance Agbaka’s claims because they were speculative, unfounded and hasty. He further argued that Ajudua’s counsel’s claims lacked merit as he could not prove them. “He has no knowledge of who the prosecution intends to present as first or last witness or the number of witnesses that the prosecution intends to bring to the stand,” he said.
Ogunde also told the court that an application to quash charges can only be moved at the beginning of a case “when no prima facie fact is established and when there is a no-case submission”. He also added that “apart from the fact that the application is speculative, it is unknown to law, as it will lead to a review of evidence which by law cannot be done until the prosecution closes its case, and will also lead to the court anticipating acquittal which is not under our criminal law for the court to anticipate”. On the basis of these, Ogunde moved that Agbaka’s application should be struck out.
After listening to the submissions, Justice Oyewole adjourned the case to June 25, 2013 for ruling on the application.
Ajudua is presently standing trial for conspiring with one Charles Ovie to defraud one Mr. Remy Cime, a Dutch National up to the tune of $1.69Billion.
It would be recalled that Ajudua was granted bail on medical grounds in 2005, but jumped bail, and all efforts to get him back to court proved abortive, until now. Ajudua’s disappearance stalled trial for several years.