Ex-Kwara governor: EFCC re-arraigns over alleged diversion of N5.78Bn

The Ex-Kwara Governor, Abdulfatah Ahmed and his Finance Commissioner, Mr. Ademola Banu were on Monday, October 21, 2024 re-arraigned by the Economic and Financial Crimes Commission (EFCC) on a 14-count charge of allegedly diverting N5.78 billion in public funds.

The re-arraignment follows the transfer of the original trial judge, Justice Evelyn Anyadike of the Federal High Court in Ilorin to another division.

Abdulfatah was alleged of diverting N1,610,730,500.00 (one billion, six hundred and ten million, seven hundred and thirty thousand, five hundred naira) in public funds, intended for security and administrative purposes, to charter private jets via Travel Messengers Limited.

Also, Abdulfatah and Banu were accused of conspiring to divert funds allocated for the payment of salaries to teachers employed by the Kwara State Universal Basic Education Board, as well as for providing security and various infrastructural amenities for the state’s inhabitants.

Specifically, Ahmed is accused of spending N1.6 billion on private jets and failing to declare his assets.

Earlier on April 29, 2024, the ex-governor and his commissioner were arraigned on a 12-count charge of misappropriation of public funds before Justice Anyadike, to which they pleaded not guilty.

The 14-count charge has Abdulfatah in every count, while Banu was not mentioned in count 7.

Count 7 singularly accuses the ex-governor of neglecting to submit an assets declaration form, as required by EFCC officials upon arrest.

This, according to the EFCC, is in contravention of Section 27(3)(c) of the EFCC (Establishment) Act No. 1 of 2004, an offense carrying a 5-year imprisonment term under Section 27(3) of the same Act.

The EFCC noted that the ex-governor violated Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000, an offense punishable under the same section.

Count one charge

“Between January 14, 2015, and other dates, in Ilorin, Kwara State, within this Honourable Court’s jurisdiction, you, Abdulfatah Ahmed (then Governor of Kwara State) and Ademola Banu (then Commissioner of Finance), allegedly misappropriated N1,000,000,000.00 (1 billion naira).”

“This amount, initially allocated to the Kwara State Universal Basic Education Board (SUBEB) Matching Grant account, was intended for projects outlined in the 2013 action plan approved by the Universal Basic Education Board (UBEC).”

“ Your actions contravene Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000, and are punishable under the same section.”

In response to the application, the lead counsel for the first and second defendants, Kamaldeen Ajibade, SAN, and Gboyega Oyewole, SAN, opted not to contest.

Subsequently, Justice Abdulgafar approved the application and ordered the charges to be presented to the defendants.

Following the reading of the charges, both Ahmed and Ademola entered pleas of not guilty to the allegations brought against them.

The defense counsel, representing the ex-governor and his commissioner, filed separate applications seeking permission to make oral bail requests on behalf of their clients.

The counsel brought to the court’s attention that the case originated in 2019 and that the defendants were previously granted administrative bail by the EFCC, which they had always honored.

The defense argued that since the defendants had demonstrated good faith by not jumping bail, the court should exercise its discretion to grant them bail.

According to the report, the plea was made in consideration of the fact that all the offenses listed in the 14-count charge are bailable.

As reported by Diaspora Digital Media (DDM) Justice Abdulgafar ultimately ruled in favor of the defendants, admitting them to bail in the sum of N100 million with two sureties each. One of the sureties must be a permanent secretary serving or retired.

Addressing the press after the court hearing, Barrister Kamaldeen Ajibade, counsel to the defendants, stressed that the primary concern is to ensure justice is served, irrespective of the location where his clients are standing trial.

Ajibade stated, “as you may be aware, the charges against my client, His Excellency, former Governor Abdulfatah Ahmed, were withdrawn last week at the Federal High Court. Consequently, he was re-arraigned this morning before this honorable court.”

“The charges were read and he pleaded not guilty and we applied for the bail and it was granted.”

Also the barrister expressed his indifference regarding the case’s transfer from the Federal High Court to the State High Court, stating that the rationale behind the transfer is best known to the prosecutor.

Meanwhile, Barrister Rotimi Jacobs, counsel to the EFCC, addressed journalists, stating that the case was presented for the first time, and the judge accepted the charges.

Jacobs requested that the charges be read to the defendants, who pleaded not guilty. The court granted bail to the defendants due to their existing administrative bail and bail in the other court.

He said, “case transfers are not unusual, as demonstrated by cases like Maundis Bika Nakai vs. First City Monument Bank Limited, which involved the National Industrial Court of Nigeria considering a suit transfer from the Adamawa State High Court.

“Thank you for clarifying the rationale behind bringing the case to the State High Court.”

“The decision to centralize the proceedings in one court, following the completion of the investigation, is recognized as a measure to ensure streamlined and effective justice.”

The case was adjourned to December 4, 2024 for commencement of trial.

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