Former Chief of Army Staff, Ishaya Bamaiyi, has told an Ikeja High Court how a Court Registrar, Oluronke Rosulu, aided a Lagos socialite and lawyer, Fred Ajudua, to defraud him of $330,000.
The money was said to be part payment for the fee charged by Afe Babalola to handle his case.
Bamaiyi, testifying in the case instituted against Ajudua by the Economic and Financial Crimes Commission (EFCC), said he met him and Alumile Adedeji (also known as Ade Bende) at Kirikiri Maximum Prison while awaiting trial over his alleged involvement in the attempted murder of Alex Ibru, the late publisher of The Guardian, and others.
Justice Olubunmi Oyewole, now on the Appeal Court, had declared in a High Court judgment that Bamaiyi be set free because the prosecution failed to prove beyond reasonable doubt that he committed the crime.
Bamaiyi had been standing trial since 1999 on a four-count charge of conspiracy and attempted murder of Ibru; former Delta State Director of Sports, Isaac Porbeni; and former presidential candidate of the defunct African Democratic Party (ADP), Pat Utomi.
Bamaiyi, led in evidence by the prosecutor, Seidu Atteh, also informed the court that Rosulu, then Oyewole’s Registrar, visited him three times at Kirikiri over the payment for Babalola’s fees.
He recounted that “On November 23, 1999, I was in cell 5 (first floor) at Kirikiri Maximum Prison. Later Ajudua and Ade Bende were brought to the block. I and Ajudua were together in my cell, so we became friends.
“Ajudua told me that he is a lawyer and has studied my case, and found out it is purely political.
“Ajudua told me that he was interested in the case and had sent his wife to see the Lagos Chief Judge (CJ), Ade Alabi, and the state Attorney General (AG), Yemi Osinbajo, over the matter. I was told that [Alabi] was the one in contact with Babalola.”
Bamaiyi said Ajudua told him that on the basis of the advice given by Alabi and Osinbajo there was need for the case to be handled by Babalola who would facilitate his release from prison custody.
“I was told that Babalola charged $18 million as professional fees. I was then told that the money was to be paid through Oyewole. Ajudua told me that Oyewole was going to send his registrar [Rosulu].
“On October 23, 2004 (first visit) … Rosulu came with Ajudua to the prison and confirmed to me that she was sent by Oyewole. She came with Ajudua to the visiting room, alongside a prison officer, ACP (Assistant Controller of Prison) Abdullahi Garuba.
“On November 6, 2004 at 10am (second visit) … Rosulu came with Ajudua to the prison, alongside Garuba. This time she came with her daughter whom she said was from the university.
“The defendant assured me that any money released through Oyewole would get to Babalola.
“Before [Rosulu’s] third visit on November 20, 2004, a friend of mine had arranged $330,000 for me. The money was brought in a ‘Ghana-Must-Go’ to the prison. I showed Ajudua the money and he said he would alongside one Jonathan (Ajudua’s boy) assist us in counting the money.
“The money was counted in the presence of [Rosulu] and the prison officer [Garuba].”
Bamaiyi recalled that after counting the money, Rosulu took the bag and Ajudua saw them off to the gate.
“That evening, Ajudua told me that [Rosulu] called and confirmed delivering the said money to Oyewole and same had been taken to Babalola.
“I never met her again until December 19, 2013 at the Lagos office of the [EFCC]. Not hearing from Babalola after a while, then Ajudua had travelled to India, I suspected that something was wrong.
“I called Ajudua’s line in India to tell him that Oyewole said he never received any money and Babalola did not handle my case. Ajudua asked me how I got Oyewole’s number and since then he stopped receiving call on that line.”
Bamaiyi, when cross examined by the defence counsel, Bamidele Ogundele, insisted that Rosulu never introduced herself to him as an officer or employee in the office of Babalola.
He said Rosulu did not sign any document and could not have signed any document on receiving $330,000 as part payment for Babalola’s fee.
The defendants are standing trial on a two-count charge of conspiracy to obtain money by false pretenses and obtaining money under false pretenses.
The charge sheet said Rosulu, Ajudua, Adedeji a.k.a. Ade Bende (at large), one Jonathan (at large), one Kenneth (at large), Hamabon William (at large), and others still at large, on November 20, 2004 in Lagos, with intent to defraud, obtained $330,000 from Bamaiyi by falsely representing to him that it was part payment for professional fee charged by Babalola to handle his case in court and to facilitate his release from prison custody.
The offence is contrary to Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act.
If found guilty they are liable to a jail term of not less than 21 years.
