The Supreme Court of Nigeria has ordered the immediate return of Lagos businessman and alleged fraudster, Fred Ajudua, to prison, overturning an earlier ruling by the Court of Appeal that granted him bail.

In a unanimous decision delivered on Friday, the apex court ruled that the Court of Appeal erred in setting aside the bail refusal by the Lagos State High Court, describing the lower court’s decision as a misjudgment of discretion in a case that has dragged on for decades.

Ajudua is standing trial for allegedly defrauding a German company of $1 million over 30 years ago. His case, first instituted before Justice Josephine Oyefeso at the Ikeja High Court, was later refiled by the Economic and Financial Crimes Commission (EFCC) and reassigned to Justice Mojisola Dada of the Lagos State High Court.

During his re-arraignment on July 6, 2018, Ajudua’s bail request—citing health grounds—was denied by Justice Dada, who noted the prolonged delay in prosecuting the case. “This case is one of the oldest in Lagos State. I am not persuaded. Bail is refused and the defendant is to be remanded in prison custody,” she ruled.

Displeased with the High Court’s decision, Ajudua’s legal team, led by Olalekan Ojo, SAN, approached the Court of Appeal in Lagos. Justice Garba of the appellate court subsequently overturned the bail refusal, ruling that Ajudua was entitled to bail as a constitutional right, and allowed him to remain free under his existing bail conditions.

However, the EFCC, dissatisfied with the Appeal Court’s decision, escalated the matter to the Supreme Court, which has now sided with the anti-graft agency.

The Supreme Court further ordered that Justice Dada should resume hearing of the long-pending criminal trial without delay.

Ajudua, a former socialite and known figure in Nigeria’s high society during the 1990s, has faced multiple fraud allegations in the past, including a high-profile case involving the alleged defrauding of a former Chief of Army Staff.

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