Emmanuel Ukudolo l Friday, December 17, 2021
IKEJA, Lagos, Nigeria – Former Minister of Aviation, Chief Femi Fani-Kayode was today arraigned before a Special Offences Court sitting in Ikeja Lagos on 12-count charge of forgery and fabrication of documents.
He was arraigned by the Economic and Financial Crimes Commission; EFCC after Justice Abike-Fadipe ruled that the court will take his plea before considering his objection on jurisdiction based on the decision of Appeal Court judgment in Justice C.N Onnoghen Vs FRN.
Count 2 of the 12 count charge reads: “That You Femi Fani-Kayode on or about the 23rd day of March, 2021 in Lagos within the jurisdiction of this Honourable Court by fraudulent representation procured one Dr. Ogieva Oziegbe to execute a document titled “To Whom It May Concern RE: Femi Fani-Kayode Male/60 years Hospital: No. 32145 Dated 23rd March 2021 and purported same to have been issued by Kubwa General Hospital”.
Fani-Kayode who pleaded not guilty to all the 12 counts was granted bail in the sum of N5 million and a surety in like sum. The defendant however said through his lawyers that he will not be entering into any plea bargain based on the way the charges were brought against him by the EFCC.
Earlier lawyer to the defendant, Mr. Wale Balogun had in his oral application for bail pleaded with the court to grant his client bail since the alleged offences were bailable and that every accused person is presumed innocent under the law until proven guilty.
According to him, the defendant is on trial at the Federal High Court Lagos before Justice Osiagu in FHC/L/251c/ 2016 and has met all the condition precedent for bail and has not defaulted to date and that he has deposited his International Passport with the court since 2016 in a matter in which he was charged by the EFCC.
He averred that the defendant is also standing trial before Justice Soho in FHC/ADJ/CR/140/2016 between FRN VS Femi Fani-Kayode. He continued that the defendant has been granted bail and has regularly attended proceedings in the last five years. Besides, he submitted that Femi Fani-Kayode was invited by the EFCC on Novemebr 23rd, 2021, was interviewed and granted administrative bail on self recognition.
“ He was invited to report on 30/11/2021 by the EFCC and was served the court charges. He was released to me after I signed an undertaken to produce him in court for arraignment. On the 10th of December, we were in court before it was rescheduled for December 14, 2021. The defendant reported before your lordship and today he has also reported”, he said.
He argued that the offences carry maximum sentence of 3 to 7 years and that the defendant be allowed to continue on bail in the same condition and sureties with landed properties in Lagos or in the alternative release the defendant to him on bail. “I undertake that he will attend proceedings. Besides, he is a two time Minister and over 61 years. He is by no means a flight risk”, he said.
Responding, Suleiman Suleiman standing in for the prosecution said the judge should grant him bail in a way to secure attendant of the defendant in court. The matter has been adjourned to February 23, 25 and 28, 2022 for trial.
