The Economic and Financial Crimes Commission (EFCC) has approached the Supreme Court seeking to overturn the bail granted to the Lagos socialite, Fred Ajudua, by the Court of Appeal of Nigeria in Lagos.
In a notice of appeal dated February 20, 2026, and filed in Abuja, the anti-graft agency is contesting the entire judgment delivered by the appellate court on January 30, 2026, which admitted Ajudua to bail.
Through its counsel, S.K. Atteh, the EFCC argued that the Court of Appeal erred in law by dismissing its preliminary objection and proceeding to grant bail.
The commission maintained that the appellate court failed to properly interpret an earlier ruling of the Supreme Court delivered on May 9, 2025, in related appeals involving Ajudua.
According to the EFCC, the apex court had effectively settled the issue of bail when it directed that the defendant remain in custody pending the expeditious trial of the charges.
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The commission faulted the Court of Appeal’s position that the Supreme Court did not order Ajudua’s continued detention, describing the conclusion as inconsistent with the doctrine of judicial hierarchy and the binding nature of Supreme Court decisions.
At the heart of the dispute is the interpretation of sections of the Supreme Court’s judgment addressing jurisdiction and bail.
The EFCC is insisting that the appellate court overlooked key portions of the ruling which, in its view, conclusively determined the bail question and barred any lower court from revisiting it.
The commission further argued that by granting fresh bail, the Court of Appeal breached Sections 235 and 275(1) of the 1999 Constitution (as amended), which provide that decisions of the Supreme Court are final and binding on all subordinate courts.
The EFCC also challenged the appellate court’s reliance on a medical report dated November 19, 2025, which was presented as evidence of changed circumstances justifying bail.
According to the commission, Ajudua has reportedly suffered from kidney-related ailments since 1987 and has repeatedly cited health concerns to stall proceedings since the case was instituted in 2005.
It further alleged discrepancies in medical reports issued by the same consultant and argued that the Court of Appeal did not adequately scrutinise the evidence before granting bail.
The EFCC warned that allowing the defendant to remain on bail could undermine the Supreme Court’s directive for a speedy trial.
It referenced a previous instance in which, while on bail, only one prosecution witness was called over a prolonged period.
Specifically, the commission is asking the apex court to set aside the January 30, 2026 decision granting bail and to reinstate the trial court’s ruling of November 20, 2025, which denied the defendant bail.
No date has yet been fixed for the hearing of the appeal at the Supreme Court.
Ajudua is currently standing trial over allegations that he defrauded Palestinian businessman Zad Abu Zalaf of $1.043 million.
