Court issues order to release exhibits, documents tendered against Fani-Kayode to EFCC

The release of all exhibits and documents tendered during the hearing of the criminal charge slammed against the former Minister of Aviation, Femi Fani-Kayode, alongside a former Minister of Finance, Mrs Nenadi Usman, to the Economic and Financial Crimes Commission (EFCC), was today ordered by Justice Daniel Osiagor of a Federal High in Ikoyi, Lagos.

The judge arrived at the decision consequent upon the judgment of the Lagos Division of the Court of Appeal which quashed charges of misappropriation of N4.6 billion, and money laundering brought against Fani-Kayode and Usman by the anti-graft agency.

At the commencement of the criminal matter before Justice Osiagor, counsel for the EFCC and Senior Advocate of Nigeria (SAN), Rotimi Oyedep, stated before the judge that given the judgment of the Court of Appeal, all exhibits, and documents tendered by the prosecution should be released to enable the Commission to commence the matter afresh at the Federal High Court, Abuja.

It would be recalled that Justice Mohammed Aikawa of the Federal High Court in Lagos had on September 25, 2017, dismissed an application by Femi Fani-Kayode, and Nenadi Usman, challenging the jurisdiction of the court to entertain the case.

But not satisfied, the former ministers challenged the ruling at the Court of Appeal, Lagos, and urged the court to quash the charge filed against them.

However, seven years after, the appellate court agreed with the defence counsel, Mr Norrison Quakers, SAN, and held that the Federal High Court in Lagos lacked jurisdiction to adjudicate on the matter.

The Court of Appeal declared that the facts of the case showed that all the transactions carried out by the defendants took place in Abuja, hence the Federal High Court Abuja has jurisdiction to hear the case.

Fani-Kayode was charged alongside Usman; a former Chairman of the Association of Local Governments of Nigeria (ALGON) Yusuf Danjuma, and a company, Jointrust Dimensions Nigeria Limited.

The anti-graft agency had earlier preferred a 17-count charge of N4.6 billion bordering on money laundering against the defendants before the former trial judge, Justice Mohammed Aikawa.

But the defendants had pleaded not guilty to the charge and were granted bail.

Hearing of the case had begun before Justice Aikawa and witnesses were led in evidence before the trial judge was transferred out of the Lagos division.

Consequently, the case was reassigned to Justice Osiagor and the matter had to start from the beginning (de novo).

According to the charge, the defendants were alleged to have committed the offence between January and March 2015 in Lagos.

They were also alleged to have at various times unlawfully retained over N4.6 billion, which they reasonably ought to have known formed part of the proceeds of unlawful acts of stealing and corruption.

Specifically in counts 15 to 17, Fani-Kayode and one Olubode Oke, who is said to be at large, were alleged to have made cash payments of about N30 million to one Paste Poster Co (PPC) of No 125 Lewis St., Lagos.

The said payments were alleged to have been made over amounts allowed by law without going through a financial institution.

According to the EFCC, the offence contravenes the provisions of sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money Laundering Prohibition Amendment) Act, 2012.

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