FG asks Supreme Court to nullify Appeal Court bail for Fred Ajudua

The Federal Government has filed an appeal before the Supreme Court of Nigeria seeking to overturn the decision of the Court of Appeal of Nigeria that granted bail to Lagos socialite, Fred Ajudua, in his long-running $1.043 million fraud trial.

In its Notice of Appeal dated February 20, 2026, and filed on February 23, 2026, the Federal Republic of Nigeria challenged the appellate court’s January 30 ruling, describing it as inconsistent with an earlier judgment of the apex court. The government is asking the Supreme Court to set aside the bail decision and reinstate the trial court’s order remanding Ajudua in custody.

Ajudua, 65, is facing charges of conspiracy, obtaining money under false pretences, forgery, and use of forged documents under Lagos State law. The charges relate to an alleged $1.043 million advance-fee fraud said to have occurred in the late 1990s and early 2000s.

The case, which began in 2005 before Justice M. O. Obadina, has experienced numerous delays. In July 2025, Ajudua applied for bail on health grounds, submitting medical reports indicating that he suffers from chronic kidney disease and requires ongoing treatment. The trial court, however, rejected the application in November 2025, holding that the Supreme Court had already revoked his bail and that his medical condition did not justify release.

The Court of Appeal later reversed that decision and admitted him to bail, ruling that it found no express order in the earlier Supreme Court judgment directing that he remain in custody pending the conclusion of his trial.

The government disagreed with that interpretation. Through its counsel — S. K. Atteh, T. J. Banjo, and P. I. Ugama of the Economic and Financial Crimes Commission — it argued that the appellate court misrepresented the effect of the Supreme Court’s May 9, 2025 judgment.

According to the government, the apex court had made it clear that the issue of bail was inseparable from the substantive appeal and had effectively “died” once the appeal failed. It maintained that the enrolled order of June 3, 2025, signed by Justice Uwani Musa Abba Aji, expressly directed that Ajudua be remanded in prison custody while his trial proceeds expeditiously.

The government further contended that by granting bail, the Court of Appeal violated Sections 235 and 275(1) of the 1999 Constitution, which establish the finality and binding authority of Supreme Court decisions. It argued that no lower court has jurisdiction to reinterpret or review the apex court’s ruling.

On the medical grounds relied upon by the appellate court, the government submitted that Ajudua’s kidney-related illness dates back to 1987 and has repeatedly been cited since 2005 to delay trial proceedings. It also questioned the authenticity and consistency of medical reports issued in November 2025, alleging that they did not demonstrate any new or changed circumstances warranting bail.

The government warned that allowing the bail to stand could undermine the Supreme Court’s directive for a speedy trial. It urged the apex court to allow the appeal, revoke the bail granted on January 30, 2026, and restore the trial court’s ruling denying bail.