EFCC moves to Supreme Court to revoke Fred Ajudua’s bail

THE Economic and Financial Crimes Commission (EFCC) has approached the Supreme Court of Nigeria, seeking to overturn the bail granted to Lagos socialite Fred Ajudua by the court of appeal.

In a notice of appeal dated February 20 and filed in Abuja, the anti-graft agency is contesting the January 30, 2026 decision of the appellate court sitting in Lagos, which admitted Ajudua to bail. The EFCC, through its counsel S.K. Atteh, argued that the lower court erred in law by dismissing its preliminary objection before proceeding to grant bail.

Central to the commission’s argument is its interpretation of an earlier ruling delivered by the apex court on May 9, 2025, in related appeals involving Ajudua. According to the EFCC, that judgment effectively foreclosed any further consideration of bail by ordering that the defendant remain in custody pending the speedy trial of the charges against him.

The commission faulted the appellate court’s conclusion that the Supreme Court did not direct Ajudua’s continued detention. It described the decision as inconsistent with the doctrine of judicial hierarchy and the constitutional principle that decisions of the apex court are final and binding on all lower courts.

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At the heart of the dispute is the interpretation of specific portions of the Supreme Court’s judgment dealing with jurisdiction and bail. The EFCC maintained that the appellate court failed to properly consider passages which, in its view, conclusively settled the issue of bail and barred any lower court from revisiting it.

The anti-graft agency further contended that by granting fresh bail, the appellate court violated Sections 235 and 275(1) of the 1999 Constitution (as amended), which affirm the finality of decisions of the Supreme Court and their binding effect on subordinate courts.

EFCC disputes medical grounds for bail

Beyond constitutional arguments, the EFCC also challenged the appellate court’s reliance on Ajudua’s medical report dated November 19, 2025, which it accepted as evidence of changed circumstances justifying bail.

The commission argued that Ajudua has claimed kidney-related ailments since 1987 and has repeatedly invoked the condition to stall proceedings since the case was first instituted in 2005. It alleged discrepancies in medical reports issued by the same consultant and insisted that the appellate court did not properly evaluate the evidence before granting bail.

According to the EFCC, allowing Ajudua to remain free could undermine the apex court’s directive for a speedy trial. The agency cited a previous period when, despite being on bail, only one prosecution witness testified over an extended timeframe.

The commission is therefore urging the Supreme Court to set aside the January 30 bail order and reinstate the November 20, 2025 ruling of the trial court, which had denied the defendant bail. As of now, no hearing date has been fixed by the apex court.

Ajudua is currently standing trial for allegedly defrauding Palestinian businessman Zad Abu Zalaf of $1.043 million.

The EFCC re-arrested him in Abuja in May last year as part of ongoing proceedings in the long-running matter.

The case dates back to 2005, when Ajudua was first charged with a 12-count indictment bordering on forgery and conspiracy to obtain money by false pretence. Initially assigned to Justice Morenike Obadina of the Lagos High Court, the arraignment did not take place. The matter was later transferred to Justice Josephine Oyefeso before being reassigned again to Justice Dada.

He was eventually arraigned on June 4, 2018, marking a significant step in a case that has spanned more than two decades.