EFCC to begin fresh proceedings against Fani-Kayode, others over alleged N4.6bn fraud

The former aviation minister Femi Fani-Kayode and three other people will face new charges of money laundering and theft at the Federal High Court in Abuja, according to the anti-graft agency, the Economic and Financial Crimes Commission (EFCC).

The EFCC’s attorney, Rotimi Oyedepo, explained to Justice Daniel Osiagor of the Federal High Court in Lagos on Tuesday that the decision by the Court of Appeal, Lagos Division to throw out the charges last week made this action necessary.

Oyedepo asserts that all exhibits and documents submitted by the prosecution should be made public in light of the Court of Appeal’s ruling in order for the Commission to reopen the case at the Federal High Court, Abjua.

After that, Justice Osiagor ruled that the EFCC should be given all exhibits and documents that were presented to the court during the hearing of the case.

On Thursday of last week, Justice Mohammed Danjuma of the Court of Appeal rendered a decision regarding an appeal filed by one of Fani-Kayode’s co-defendants, former Minister of Finance Nenadi Usman, challenging the Federal High Court in Lagos’ jurisdiction to hear the case. Additionally, the appellant claimed that the charge as it was presented to the Lagos court was flawed.

The Federal High Court in Lagos lacked jurisdiction to make a ruling in this case, according to the appeal court, which unanimously decided the issues in favor of the appellant.

The appellate court further determined that because all of the Defendants’ transactions occurred in Abuja, the Federal High Court in Abuja has jurisdiction to hear the case.

The verdict was supported by Justices Onyekachi Otisi and Fatima Akinbami.

Nevertheless, it should be remembered that in a previous appeal submitted by Fani-Kayode in 2019, a different panel of the same court of appeal led by Justice Mohammed Garba had sided with the EFCC in saying that “some act forming part of the offence or at least the consequence of it happened in Lagos.” Determining that the Federal High Court in Lagos had jurisdiction to hear the case, the court had made that ruling.

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After Justice Rilwan Aikawa, the previous trial judge, was transferred out of the Lagos division, the EFCC re-arrested the defendants before Justice Daniel Osiagor.

Nenandi Usman, a former chairman of the Association of Local Governments of Nigeria (ALGON), Yusuf Danjuma, and the business Jointrust Dimensions Nigeria Ltd. are also named as defendants in the lawsuit that includes Fani-Kayode.

They were accused of illegally keeping more than N4.6 billion between January and March 2015, which they knew or should have known was part of the proceeds of theft and corruption.

In counts 15 to 17, Fani-Kayode and a man named Olubode Oke—who is reportedly still at large—were accused of paying N30 million in cash to a company called Paste Poster Co (PPC) of No. 125, Lewis St., Igbosere, Lagos.

The alleged payments were made without going through a financial institution and were in excess of what was permitted by law.

The Money Laundering (Prohibition) (Amendment) Act of 2012’s sections 15 (3) (4), 16 (2) (b), and 16 (5) were alleged to have been violated by each offense.

The accused had all entered not guilty pleas and been released on bail.