December 21 has been fixed by a Lagos State High Court, sitting in Ikeja, for judgement of an alleged fraud of $330,000, against the ex-court registrar, Mrs. Rosulu Idowu Oluronke.
After the adoption of the final written address by both parties, Justice Lateef Lawal-Akapo, who has been presiding over the matter fixed the judgement date.
Counsel to the defendant, Mr. Bamidele Ogundele, to the court in his final address that the constitutional power of prosecution to prove the case beyond reasonable doubt was not satisfied, adding that there was no fact that the defendant visited the prison to collect the alleged sum.
The defendant counsel, further told the court that there were no dollars collected in prison, adding that the prosecution was unable to prove with any documentary evidence that the defendant met Fred Ajudua and other for the purpose of obtaining money by false pretence from retired Major-General Bamaiyi.
Ogundele also said that, prosecution did not produce record of the defendant’s visit to prison to the court, as well as documentation of $330,000.
The lawyer said that the prosecution failed to conduct identification parade for Bamaiyi to identify the defendant.
Ogundele, urged the court to discharge the defendant acquitted of the allegations.
The prosecution counsel, Mr. Seidu Atteh, in his response told the court that an accused person could be convicted based on confessional statement and the circumstantial evidence. Atteh had tendered 10 exhibits and presented six witnesses to prove the case.
He further said that the evidence of Bamaiyi who was the eye witness to the defendant collecting the alleged sum was neither challenged nor contradicted.
The defendant merely denied going to Kirikiri.
“The fact that the prison officer did not adhere to the regulation of conducting visit to the prison cannot be a defence by the defendant to the charge before this honourable court,” he said.
The Economic and Financial Crimes Commission (EFCC) had charged the defendant to court for conspiracy and obtaining money under false pretence.
Bamaiyi had, in his testimony before the court, alleged that Rosulu aided a Lagos-based socialite lawyer, Fred Ajudua, in defrauding him the sum of $330,000.
The money according to Bamaiyi was supposed to be part payment for professional fees charged by Chief Afe Babalola to handle his trial for attempted murder of the publisher of The Guardian, Mr. Alex Ibru and two others.
Bamaiyi said he met Ajudua and Alumile Adedeji a.k.a. Ade Bendel at Kirikiri maximum prison. According to Bamaiyi, the alleged fraud took place between November 2004 and June 2005.
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