Judge threatens bench warrant against Fani-Kayode

Wednesday’s hearing of the Lagos State Special Offences Court in Ikeja threatened to make Femi Fani-Kayode, a former minister of aviation, wanted for failing to show up for his trial.

The Economic and Financial Crimes Commission is pursuing Fani-Kayode on 12 counts related to the use of forged documents, the use of fabricated evidence, and obtaining the execution of documents under false pretence.

The ex-minister is being sued by the EFCC for an alleged N4.9 billion fraud, and he presented allegedly fabricated medical reports to Justice Daniel Osiagor of the Federal High Court in Lagos.

Fani-Kayode’s refusal to show up for his trial following his arraignment on December 17, 2021, and subsequent adjournments infuriated Justice Olubumni Abike-Fadipe, who threatened action on the issue on Wednesday.

The defendant’s attorney, Mr. Wale Balogun, informed the court of the defendant’s absence at the most recent adjourned date and gave the reason as “ill health,” which he claimed was related to Fani-Kayode’s run-in with the Department of State Services, which interrogated him over some comments made prior to the general elections.

Balogun had pleaded with the court to grant him an adjournment with the assurance that he would be present at the hearing on Wednesday.

However, the defendant’s attorney, Mr. Chinozo Eze, informed the court at the resumed hearing of the case on Wednesday that Fani-Kayode was unable to attend due to health issues.

He told the judge that the court already had a medical report and a letter asking for permission to change the two dates in its file.

The EFCC Counsel, Zinat Atiku, confirmed the development and claimed that the prosecution’s options were limited.

The defendant’s frequent absences, however, bothered the judge, who pointed out that the last time he appeared in court was on November 4, 2022.

When Fani-Kayode appeared in court for his trial, the judge cited a number of defence arguments.

As a result, Justice Abike-Fadipe threatened to issue a bench warrant against him if he does not appear at the subsequent adjourned date.

The prosecutor’s lack of diligence in the case’s prosecution was also criticised by the judge, who noted that anti-graft could withdraw the case if it was not prepared for prosecution.