The Lagos State High Court, ikeja has fixed December 21, to deliver its judgment over the alleged $330,000 fraud against the ex- court registrar, Mrs Rosulu Idowu Oluronke.
The presiding judge, Justice Lateef Lawal-Akapo, fixed the date after the adoption of the final written address by the parties.
Addressing the court, counsel to the defendant, Mr. Bamidele Ogundele, said 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.
Ogundele, further said that there was no dollars collected in prison, adding that the prosecution did not prove through documentary evidence that the defendant met Fred Ajudua and other for the purpose of obtaining money by false pretence from retired Major-General Ishaya Bamaiyi.
He also said that, prosecution did not produce to court, record of defendant’s visit to prison 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, however urged the court to discharge the defendant acquitted of the allegations.
In a swift response by the prosecution counsel, Mr. Seidu Atteh, who called six witnesses and tendered 10 exhibits to prove the case said that an accused person can be convicted base on confessional statement and the circumstantial evidence.
Atteh, 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.
It would be recalled that, 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.