Ishaya Bamaiyi, a retired army General, (Abacha’s Chief of Army Staff) on Tuesday disclosed how Ms. Rosulu Idowu Oluronke, a court registrar, aided a Lagos lawyer, Fred Ajudua, in defrauding him of $330,000 (about N65million) meant to be a supposed part payment for professional fees charged by Chief Afe Babalola (SAN) to handle his case.
Bamaiyi made this disclosure while testifying before a Lagos High Court sitting in Ikeja, presided over by Justice Lateef Lawal-Akapo.
The witness explained that he encountered Ajudua and Alumile Adedeji a.k.a. Ade Bendel at Kirikiri maximum prison, during his remand for alleged attempted murder of the publisher of The Guardian, Mr. Alex Ibru and two others.
It will be recalled that Justice Joseph Oyewole, in a judgment held that Bamaiyi, who had been standing trial since 1999 on a four-count charge bordering on conspiracy and attempted murder of Alex Ibru, the late publisher of the Guardian Newspaper, should be freed, since the prosecution did not prove beyond reasonable doubt that he was liable to the offence.
Bamaiyi, while being led-in-defence by Mr. Seidu Alteh, the prosecutor, further told the court that Oluronke (defendant), who was Justice Oyewole’s registrar, visited him three times at Kirikiri maximum prison in respect to the payment for Chief Babalola’s professional fees.
He said, “On November 23, 1999, I was in cell 5 (first floor) at Kirikiri maximum prison. Later Ajudua and Ade Bendel were brought in at 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 a political one. Ajudua told me that he was interested in the case and has sent his wife to see the Lagos Chief Judge (CJ), Justice Ade Alabi (retired) and the State Attorney General (AG), Professor Yemi Osinbajo, over the matter. I was told that the CJ was the one in contact with Chief Babalola.”
According to the retired army general, Ajudua later told him that based on the advice of the CJ and AG, Justice Alabi and Prof. Osinbajo, there was need for the case to be handled by Chief Babalola who would facilitate his release from prison custody.
The witness asserted, “I was told that Chief Babalola charge $18million as professional fees. I was then told that the money was to be paid through Justice Oyewole. Ajudua told me that Justice Oyewole was going to send his registrar Oluronke.
“On October 23, 2004 (1st visit) the defendant Oluronke came with Ajudua to the prison and confirmed to me that she was sent by Justice Oyewole. She came with Ajudua to the visiting room, alongside ACP Abdullahi Garuba, a prison officer.
“On November 6, 2004 at 10am, (2nd visit) the defendant, Oluronke, came with Ajudua to the prison, alongside ACP Garuba. This time she came with her daughter whom she said was from the University. The registrar assured me that any money released through Justice Oyewole would get to Chief Babalola.
“Before the defendant’s 3rd 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 will ask one Jonathan, Ajudua’s boy to accompany us in counting the money. The money was counted in the presence of the Oluronke and the ACP Garuba.”
Bamaiyi maintained that after counting the money, Oluronke carried the bag and Ajudua saw them off to the gate.
The former army general further explained, “that evening, Ajudua told me that the defendant called and confirmed delivering the said money to Justice Oyewole and same had been taken to Chief Babalola.
“I have never met her again until December 19, 2013 at the Lagos office of the Economic and Financial Crimes Commission (EFCC). Not hearing from Chief Babalola after a while, then Ajudua had travelled to India, I suspected that something was wrong.
“I called Ajudua’s Indian line to tell him that Justice Oyewole said he never received any money and Chief Babalola did not handle my case. Ajudua asked me how I got Justice Oyewole’s number, and since then he stopped receiving calls on that line.”
During cross-examination by Mr. Bamidele Ogundele, the defence counsel, the retired army general noted that the defendant never introduced herself to him as an officer or staff in the office of Chief Babalola.
Bamaiyi stressed that the defendant did not sign any document and could not have signed any document on receiving the $330,000 as part payment for Chief Babalola’s professional fees.
EFCC alleged that Ajudua was able to defraud Bamaiyi by claiming to have close ties with Justice Oyewole, before whom Bamaiyi was standing trial. Oluronke is facing trial on a two-count charge of conspiracy to obtain money by false pretences and obtaining money by false pretences.
The charge reads in part: “Rosulu Idowu Oluronke, Fred Chijindu Ajudua, Alumile Adedeji a.k.a. Ade Bendel (still at large), one Mr. Jonathan (still at large), one Mr. Kenneth (still at large), Princess Hamabon William (still at large) and others still at large, on November 20, 2004 at Lagos within the jurisdiction of this Honourable Court, with intent to defraud, obtained the sum of $330,000 from retired Lieutenant General Ishaya Rizi Bamaiyi by falsely represented to General Bamaiyi that the $330,000 was part payment for professional fees charged by Chief Afe Babalola (SAN) to handle General Bamaiyi’s case in court and to facilitate his (General Bamaiyi) release from prison custody.”
According to EFCC, the offence was contrary to Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, No. 13 of 1995 as amended by Act No. 62 of 1999.
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