Don’t transfer Fani-Kayode’s case to Abuja - EFCC
The Economic and Financial Crimes Commission has pleaded with Justice Muslim Hassan of the Federal High Court in Lagos to dismiss the application by a former aviation minister, Femi Fani-Kayode, seeking the transfer of his criminal trial from Lagos to Abuja.
The EFCC is prosecuting Fani-Kayode for an alleged fraud of N4.9bn.
Standing trial alongside Fani-Kayode on 17 counts are a former Minister of State for Finance, Nenadi Usman, an ex-Chairman of Kagarko Local Government Area of Kaduna State, Mr. Yusuf Danjuma, and a company, Jointrust Dimentions Nigeria Limited.
Fani-Kayode had, in an application filed through his lawyer, Mr. Norrison Quakers (SAN), pleaded for the transfer of his trial to Abuja for convenience and on the grounds that the cause of action leading to the charges took place in Abuja.
Besides, the former minister also said he did not have confidence in Justice Hassan who is presiding over the case.
Fani-Kayode said he was afraid that he would not get justice before Justice Hassan, because the judge was a lawyer for the EFCC until recently when he was appointed as a judge of the Federal High Court.
Fani-Kayode recalled that it was Justice Hassan, then a senior counsel for the EFCC, who drafted, filed and signed a charge marked, FHC/L/523c/2008, leading to his trial for an alleged N100m money laundering offence before Justice Rita Ofili-Ajumogobia.
However, opposing Fani-Kayode’s application, the EFCC, in a counter-affidavit, begged Justice Hassan not to grant the request to transfer the case to Abuja.
The anti-graft commission said contrary to Fani-Kayode’s claim, part of the criminal activities alleged against him took place in Lagos.
It added that the witnesses it intended to call in the case live in Lagos.
“The various accounts used as an intermediate step in the scheme of the alleged fraud/offences are domiciled in Zenith Bank Plc which has its operational headquarters in Lagos,” counsel for the EFCC, Idris Mohammed, said in the counter-affidavit.
The EFCC also contended that it was too late for the Chief Judge of the Federal High Court to transfer the case to Abuja because trial had already started and one witness had already been called.
“The prosecution has called the first witness who is still giving evidence in this charge and at this stage of proceedings, the CJ cannot transfer the matter.
“The proof of evidence has disclosed a prima facie case against the second defendant (Fani-Kayode).
“The respondent (EFCC) will be gravely prejudiced if this application is granted. It is brought in bad faith to scuttle this trial. It is in the interest of justice to refuse this application,” EFCC said.
As to the fear of bias expressed by Fani-Kayode, the EFCC said though Justice Hassan was once its prosecutor, there was never a contact between him and Fani-Kayode and the judge did not investigate Fani-Kayode nor appear as a prosecutor in his trial before Justice Ofili-Ajumogobia.
Mohammed said contrary to Fani-Kayode’s claim, the charge marked, FHC/L/523c/2008, leading to Fani-Kayode’s prosecution before Justice Rita Ofili-Ajumogobia was drafted by a private lawyer, Mr. Festus Keyamo, and not Justice Hassan.
The EFCC further argued that there was nothing to show that Justice Hassan was biased against Fani-Kayode since the case started; recalling that the judge granted Fani-Kayode bail and even rebuked the EFCC for re-arresting the former minister on the court premises in relation to another charge.
Source: Punchng
Standing trial alongside Fani-Kayode on 17 counts are a former Minister of State for Finance, Nenadi Usman, an ex-Chairman of Kagarko Local Government Area of Kaduna State, Mr. Yusuf Danjuma, and a company, Jointrust Dimentions Nigeria Limited.
Fani-Kayode had, in an application filed through his lawyer, Mr. Norrison Quakers (SAN), pleaded for the transfer of his trial to Abuja for convenience and on the grounds that the cause of action leading to the charges took place in Abuja.
Besides, the former minister also said he did not have confidence in Justice Hassan who is presiding over the case.
Fani-Kayode said he was afraid that he would not get justice before Justice Hassan, because the judge was a lawyer for the EFCC until recently when he was appointed as a judge of the Federal High Court.
Fani-Kayode recalled that it was Justice Hassan, then a senior counsel for the EFCC, who drafted, filed and signed a charge marked, FHC/L/523c/2008, leading to his trial for an alleged N100m money laundering offence before Justice Rita Ofili-Ajumogobia.
However, opposing Fani-Kayode’s application, the EFCC, in a counter-affidavit, begged Justice Hassan not to grant the request to transfer the case to Abuja.
The anti-graft commission said contrary to Fani-Kayode’s claim, part of the criminal activities alleged against him took place in Lagos.
It added that the witnesses it intended to call in the case live in Lagos.
“The various accounts used as an intermediate step in the scheme of the alleged fraud/offences are domiciled in Zenith Bank Plc which has its operational headquarters in Lagos,” counsel for the EFCC, Idris Mohammed, said in the counter-affidavit.
The EFCC also contended that it was too late for the Chief Judge of the Federal High Court to transfer the case to Abuja because trial had already started and one witness had already been called.
“The prosecution has called the first witness who is still giving evidence in this charge and at this stage of proceedings, the CJ cannot transfer the matter.
“The proof of evidence has disclosed a prima facie case against the second defendant (Fani-Kayode).
“The respondent (EFCC) will be gravely prejudiced if this application is granted. It is brought in bad faith to scuttle this trial. It is in the interest of justice to refuse this application,” EFCC said.
As to the fear of bias expressed by Fani-Kayode, the EFCC said though Justice Hassan was once its prosecutor, there was never a contact between him and Fani-Kayode and the judge did not investigate Fani-Kayode nor appear as a prosecutor in his trial before Justice Ofili-Ajumogobia.
Mohammed said contrary to Fani-Kayode’s claim, the charge marked, FHC/L/523c/2008, leading to Fani-Kayode’s prosecution before Justice Rita Ofili-Ajumogobia was drafted by a private lawyer, Mr. Festus Keyamo, and not Justice Hassan.
The EFCC further argued that there was nothing to show that Justice Hassan was biased against Fani-Kayode since the case started; recalling that the judge granted Fani-Kayode bail and even rebuked the EFCC for re-arresting the former minister on the court premises in relation to another charge.
Source: Punchng
Don’t transfer Fani-Kayode’s case to Abuja - EFCC
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February 13, 2017
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