Fani-Kayode’s trial was stalled on Monday owing to the absence in
court of the Economic and Financial Crimes Commission’s prosecutor, Mr.
Festus Keyamo.
The trial judge, Justice Rita Ofili-Ajumogobia, had adjourned till
Monday for the ex-minister to open argument in his own defence against
the charges of financial impropriety levelled against him.
Though the accused was in court and had proceeded into the dock upon
calling the case, a counsel representing the EFCC, Mr. Somadina Okore,
however stood up and pointed the attention of the court to a letter
written by Keyamo asking the court for an adjournment.
Okore said, “Most respectfully, my Lord, earlier before now, the
prosecutor in this matter, Mr. Festus Keyamo, has written a letter to
this honourable court, informing the court that he is appearing before a
Federal High Court in Yola today. He is praying this honourable court
to vacate today’s date to allow him to appear and prosecute this case in
person.”
Responding, Fani-Kayode’s lawyer, Mr. Wale Akoni (SAN), said he was
aware of the letter and that he had no objection to the request for an
adjournment. He also reminded the court that the matter was adjourned
till Monday and Tuesday, adding that if it was convenient for the court,
his client would go and return on Tuesday to stand trial.
In the circumstance, Ofili-Ajumogobia adjourned till Tuesday and Wednesday for continuation of trial.
Fani-Kayode was arraigned before Ofili-Ajumogobia on 40 counts bordering on money laundering to the tune of about N100m.
The EFCC alleged that while he held sway as the Aviation Minister and
the Minister of Culture and Tourism, Fani-Kayode, at various times
carried out several financial transactions and dealt in cash in excess
of N500,000 without going through any financial institution.
The anti-graft agency said the alleged offence contravened Sections
15(1) (a) (b) (c) (d) and 15 (2) (a) (b) of the Money Laundering
(prohibition) Act, 2004.
But Fani-Kayode, who is now spearheads President Goodluck Jonathan’s
re-election campaign, had pleaded not guilty to the charges, following
which the prosecution was asked to open its case and adduce evidence in
support of the allegations.
However, at the closure of the prosecution’s case on July 10, 2014,
the accused on August 5, 2014 submitted a no-case application, arguing
that the prosecution failed to establish a prima facie case against him
and thus prayed the court to dismiss the charges and set him free.
Ruling on the no-case application on November 17, 2014,
Ofili-Ajumogobia dismissed 38 of the 40 counts and discharged
Fani-Kayode on the charges.
The judge, however, said the accused would need to prove his innocence in respect of counts 25 and 26 of the charges.
The counts read, “That you, Chief Femi Fani-Kayode on or before
September 20, 2006, while serving as Minister of Culture and Tourism of
the Federal Republic of Nigeria, in Lagos within the jurisdiction of
this honourable court, made a transaction exceeding N500,000 which was
not done through financial institution, by accepting cash payment of
N1m, which sum was further paid into your personal account number,
103450252601 with First Inland Bank PLc Apapa branch, now FCMB, through
one Supo Agbaje, your administrative staff, now at large.
“That you, Chief Femi Fani-Kayode on or before September 20, 2006,
while serving as Minister of Culture and Tourism of the Federal Republic
of Nigeria, in Lagos within the jurisdiction of this honourable court,
made a transaction exceeding N500,000, which was not done through
financial institution, by accepting cash payment of N1.1m, which sum was
further paid into your personal account number, 103450252601 with First
Inland Bank PLc Apapa branch, now FCMB, through one Supo Agbaje, your
administrative staff, now at large.”
Fani-Kayode’s trial began in December 2008 before Justice Ramat
Mohammed, from whom he secured bail in the sum of N200m with two
sureties in like sum.
The case file was subsequently passed on to Justice Binta
Murtala-Nyako, following the transfer of Mohammed from the Lagos
Division of the Federal High Court.
Ofili-Ajumogobia took over the case from Murtala-Nyako on February 11, 2013.
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