The Economic and Financial Crimes Commission (EFCC), on Monday, filed 14 fresh charges of alleged N5.78 billion fraud against the former Kwara State governor, Abdulfattah Ahmed; and his Commissioner of Finance, Mr. Ademola Banu.
The duo were charged before Justice Mahmud Abdulgafar at a Kwara State High Court in Ilorin with alleged diversion and misappropriation of public funds meant for the execution of some projects and security of the state.
Their fesh re-arraignment followed the withdrawal of the case last week Wednesday from the Federal High Court, Ilorin, the state capital, where they were formerly standing trial by the EFCC sequel to the transfer of the former trial judge, Justice Evelyn Anyadike of the Federal High Court sitting in Ilorin to another division.
Abdulfatah and Banu were first arraigned on a 12-count charge of mismanagement of public funds before Justice Anyadike on 29 April 2024, to which they pleaded not guilty.
However, the presiding judge was transferred in the course of the trial, and the case had to start de-novo.
While Ahmed featured in all the 14 counts, Banu’s name did not appear in count 7 where only Ahmed was accused of failure to fill assets declaration form offered him by officers of the EFCC upon arrest, contrary to Section 27(3)(c) of the EFCC (Establishment) Act No. 1 of 2004, which is an offence punishable with a term of five years imprisonment under Section 27(3) of the same Act.
Among sundry issues, Abdulfatah allegedly spent an aggregate of N1.61 billion meant for the security and administration of the state to charter private jets through Travel Messengers Limited, contrary to Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.
The former governor and his finance commissioner were alleged to have conspired to steal money that was meant to pay salaries of teachers working with Kwara State Universal Basic Education Board, meant to provide security and other infrastructural facilities for the people of the state, among other offences.
When the case was called on Monday, counsel to the EFCC, Rotimi Jacobs told the court, that a 14-count charge dated October 15, 2024, was prepared and filed on the same date.
“We urge your Lordship to accept the charge and allow it to be read to the defendants”, the Senior Advocate of Nigeria (SAN) said .”
Responding, lead counsel to the first and second defendants, Kamaldeen Ajibade, and Gboyega Oyewole, (both SANs), did not object to the application.
Therefore, Justice Abdulgafar granted the application and ordered that the charge be read to the defendants.
The duo pleaded not guilty to all their respective charges.
the defence counsels, through a separate application on behalf of their clients, sought the leave of the court to move oral applications for the bail of the defendants.
They pleaded with the court to allow the bail formerly granted to their clients to continue, arguing that the case had started since 2019 and the defendants were granted administrative bail by the commission, which they had never jumped.
They urged the court to exercise its discretion to admit the first and second defendants to bail as all the offences levelled against them are bailable.
Ruling on the applications, Justice Abdulgafar admitted the former governor and Banu to N100 million bail with two sureties each. One of the surety must be a serving or retired permanent secretary in the state.
The case was adjourned till 4 and December 2024 for further hearing.
