Kemisola Oye
A Lagos Special Offences Court sitting in Ikeja earlier today discharged and acquitted former Minister of Aviation, Mr Femi Fani-Kayode, of the charge of medical forgery levelled against him by the Economic and Financial Crimes Commission (EFCC).
Justice Olubunmi Abike-Fadipe, while delivering ruling on the no-case submission filed by Fani-Kayode’s counsel, Mr Wale Balogun (SAN), held that the prosecution failed to establish a prima facie case against the defendant.
Justice Abike-Fadipe said the prosecution failed to establish a link between the defendant and the offences charged as a matter of fact to enable the court to determine whether or not the prosecution has established a prima facie case against him.
She held that the prosecution failed to present the defendant’s associates who allegedly collected money from him or the lawyer who allegedly stated that the defendant had instructed his law firm to take the medical reports to the Federal High Court.
The judge held: “The extrajudicial statements which remain, and which are intended as evidence, cannot be used for any purpose other than to contradict the person who made the statement when he is in the witness box.
“I have carefully studied the evidence of the prosecution witnesses and I cannot find where the defendant committed the offences being alleged.
“The prosecution has failed to establish a prima facie case which would require the defendant to open his defence.
“As to the issue of costs, the defendant is at liberty to file an action report and do so in private.”
The judge consequently discharged and acquitted the defendant of the alleged offences.
EFCC had on 11 November 2021 charged Fani-Kayode on a 12-count charge of procuring and executing documents by false pretences, use of false documents, fabrication of evidence and use of fabricated evidence.
The prosecution had called seven witnesses to testify against the former minister and thereafter closed its case.
Fani had on 7 December 2024 filed a no-case submission and urged that the prosecution failed to establish the charge against him.
In the same vein, a Federal High Court in Abuja had on 15 January discharged the former minister of the three-count charge of money laundering levelled against him by EFCC.
Justice John Tsoho, in his ruling, held that EFCC failed woefully in proving the charge against Fani-Kayode.
Justice Tsoho held that the court’s decision was based on the prosecution’s failure to provide sufficient evidence linking Fani-Kayode to the alleged offences.
He had held: “The prosecution failed to establish a prima facie case against the defendant and therefore, the no-case submission was upheld.
“The prosecution presented three witnesses and tendered exhibits to support its case. However, this court finds that the evidence presented was inconsistent, contradictory, and unreliable.
“The evidence of PW3 (Mohammed Goji) left more questions than answers and was not conclusive.
“PW1’s (Victor Ehabhi) evidence under cross-examination showed fundamental inconsistencies and PW2 (Francis Abu) did not link the defendant to the charges.”
The ruling delivered by Justice Tsoho is reminiscent of a similar case in 2015, where Justice Rita Ofili-Ajumogobia discharged and acquitted Fani-Kayode of money laundering charges.
Fani-Kayode’s ordeal began in 2016 when he was initially arraigned by EFCC on a 6-count charge, which was later amended to 3 counts in 2023.
EFCC alleged that Fani-Kayode received and used N26 million in 2014, which was purportedly for a media campaign on behalf of the Federal Republic of Nigeria and the Office of the President.
This ruling is a significant victory for Fani-Kayode, who has maintained his innocence throughout the trial. His legal team argued that the charges were baseless and politically motivated.
Eighteen-Eleven Media