Fani Kayode's trial suffers another adjournment

A Federal High Court in Lagos on Monday adjourned till February 23, 2015, the money laundering trial of a former Aviation Minister, Femi Fani-Kayode.

Fani-Kayode is being prosecuted by the Economic and Financial Crimes Commission (EFCC).

The case which was earlier fixed for the accused to open his defence, was adjourned at the instance of the defence counsel.

The prosecutor, Mr Festus Keyamo, reminded the court that today’s business was for the accused to enter his defence on the two-count charge, having been acquitted in 38 out of the 40-count charge.

In response, defence counsel, Mr Wale Akoni (SAN), told the court that although the matter was for the defence to open its case, he would require time to put his house in order.

He, therefore, prayed the court for an adjournment, to enable him regularise.

The prayer for adjournment was not opposed to by the prosecutor.

Consequently, Justice Rita Ofili-Ajumogobia, adjourned the suit till Feb. 23 and Feb. 24, 2015 for continuation of trial.

The prosecution had closed its case on July 10, while the defence counsel filed a no-case submission on behalf of the accused on Aug. 5.

Delivering her ruling on the no-case submission of the defence on Nov. 17, Ofili-Ajumogobia had partially upheld the no case submission of the accused.

She had discharged and acquitted the accused of 38 out of the 40 counts, while she had ordered him to enter his defence with respect to counts 25 and 26 of the charge, on which allegations of monetary payments were made.

Counts 25 reads: “That you, Chief Femi Fani-Kayode, on or before 20th Sept. 2006, while serving as minister of culture and tourism of the Federal republic of Nigeria, in Lagos within the jurisdiction of this honourable court, made a transaction exceeding N500,000 which was not done through a financial institution, by accepting cash payment of N1 million, which sum was further paid into your personal account number, 103450252601 with First Inland Bank PLc, Apapa branch, now FCMB, through one Supo Agbaje, your administrative staff, now at large.

Count 26 reads: “That you, Chief Femi Fani-Kayode, on or before 20th Sept. 2006, while serving as minister of culture and tourism of the Federal republic of Nigeria, in Lagos within the jurisdiction of this honourable court, made a transaction exceeding N500,000 which was not done through a financial institution, by accepting cash payment of N1.1 million, which sum was further paid into your personal account number, 103450252601 with First Inland Bank PLc, Apapa branch, now FCMB, through one Supo Agbaje, your administrative staff, now at large.

The EFCC had opened its case on March 10.

It called six witnesses, including a Bank Relationship Officer, an Investigating Police Officer, a Bank Legal Officer, a Public servant, a former aide to the accused, and an Operator with the EFCC.

All witnesses had given testimonies as to their relationship with the accused, as well as the manner of investigations conducted on him.

Fani-Kayode was first arraigned sometime in December 2008 before Justice Ramat Mohammed on a 47-count charge.

He had pleaded not guilty to the charge and Justice Mohammed had granted him bail in the sum of N200 Million with two sureties in like sum.

He was re-arraigned before Justice Binta Murtala-Nyako, following the transfer of Mohammed from the Lagos Division.

The accused was again re-arraigned before Justice Ajumogobia on Feb. 11, 2013.after the transfer of Murtala-Nyako.

He was again re-arraigned before Ajumogobia on March 6, following the amendment of the 47-count charge to 40-counts.

Ajumogobia is the third judge to be discharged from the case in the last five years.

In the charge, the accused was alleged to have transacted with funds exceeding N500, 000 without going through a financial institution.

He was alleged to have committed the offence, while he held sway as Minister of Aviation and Minister of Culture and Tourism, respectively.

The offence is said to contravene the provisions of Sections 15(1) (a) (b) (c) (d) and 15 (2) (a) (b) of the Money Laundering (prohibition) Act, 2004.