Forgery: Fani-Kayode Used Fabricated Evidence, Says EFCC

The trial of the former Aviation Minister, Femi Fani-Kayode, standing trial for offences bordering on the use of false documents, use of fabricated evidence, procuring the execution of documents by false pretence, and fabricating evidence, was yesterday stalled before Justice O.O. Abike-Fadipe of an Ikeja Special Offences Court, due to the absence of the former Minister.

Due to Fani-Kayode's absence, the court in the circumstances adjourned until May 24 and 25, 2023, for the continuation of the trial.

Fani-Kayode is specifically answering questions to 12 counts brought against him by the Economic and Financial Crimes Commission, EFCC, as a result of his alleged use of forged medical report(s), which he tendered before Justice Daniel Osiagor of the Federal High Court in Ikoyi, Lagos, where he is being prosecuted by the anti-graft agency for fraud to the tune of N4.9 billion.

One of the counts read: “That you, Femi Fani-Kayode, on or about the 11th day of October 2021 in Lagos, within the jurisdiction of this Honourable Court, fraudulently used a false document titled: MEDICAL REPORT ON OLUFEMI FANI-KAYODE, 60 YEARS/MALE/HOSP. NO. 00345 DATED 11/10/2021 before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016 which document you purported to have been issued by Kubwa General Hospital.”

Another count reads: “That you, Femi Fani-Kayode, on or about the 23rd day of March 2021 in Lagos, within the jurisdiction of this Honourable Court, fraudulently used a false document titled: TO WHOM IT MAY CONCERN RE: FEMI FANI-KAYODE MALE/60 YEARS HOSPITAL. NO. 32145 DATED 23rd MARCH 2021 before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016 which document you purported to have been issued by Kubwa General Hospital.”

But the former Minister pleaded not guilty to the charge when he was first arraigned on December 17, 2021.

During the proceeding, the defence counsel, Wale Balogun, told the judge, “We regret to announce to your lordship that the defendant is not in court due to health reasons, and secondly, due to a running battle he has with both the DSS and the Police,” adding that he had also shared some documents regarding the development, with the prosecution. 

The prosecuting counsel, Bilikisu Buhari, confirmed that the defence gave some documents to the prosecution. 

According to Buhari, “the defence counsel, this morning, shared with us two documents, one is a medical report and another from the Nigeria Police.”

While equally noting that the day's business was for the cross-examination of the prosecution's witness, she posited that “In the circumstance, however, we leave the decision to the discretion of the court.”

On his part, Balogun hinted to the court that “since the last time we were here, the defendant has been reporting every day to the DSS, and while he was doing this, the Nigeria Police invited him for questioning regarding some comments Fani-Kayode made online.

Balogun added that: “Since we left here on the last date, he has not been able to have peace of mind, and that has affected his health.

“On the 16th he was at the hospital and on Saturday he was also readmitted back to the National Hospital. 

“Even now as we speak, he is also there, and based on this, it has become imperative to seek your lordship's indulgence not only to vacate today but the other days, 21 and 22.

“We humbly apply that those days be vacated to enable him to resolve those issues.”

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