Legal Affairs
Ahmed: EFCC re-arraigns ex-Nigerian governor over N5.78b fraud
The Economic and Financial Crimes Commission (EFCC), on October 21, 2024, re-arraigned the former governor of Kwara State, Mr. Abdulfatah Ahmed, alongside his then Commissioner of Finance, Mr. Ademola Banu.
Messrs. Ahmed and Banu were re-arraigned on a 14-count amended charge bordering on alleged embezzlement and mismanagement of public funds to the melody of N5.78 billion before Justice Mahmud Abdulgafar of the Federal High Court sitting in Ilorin.
The re-arraignment was sequel to the transfer of the former trial judge, Justice Evelyn Anyadike of the Federal High Court sitting in Ilorin to another division.
Former Governor Abdulfatah and Banu were first re-arraigned on 12-count charge of mismanagement of public funds before Justice Anyadike on April 29, 2024.
The respondents pleaded not guilty to the charges, following which the presiding judge was transferred.
Consequently, the case has to start afresh.
The charges against Ahmed
The name of the embattled ex-governor featured in all the 14 counts, including failure to fill assets declaration form.
The form was offered to him by EFCC officials upon arrest, but he declined, contrary to Section 27(3)(c) of the EFCC Act No. 1 of 2004.
Banu’s name, on the other hand, did not appear in count 7 where Ahmed faced assets declaration charges.
Abdulfatah was accused of squandering the sum of one billion, six hundred and ten million, seven hundred and thirty thousand, five hundred Naira.
The money, according to EFCC, was meant for the security and administration.
He and Banu were further accused of conspiring to steal money meant to pay salaries of teachers working with the State Universal Basic Education Board (UBEB).
They also failed to provide security and infrastructural facilities for the people of the State, amongst other charges.
The charge, EFCC said, falls under Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000, and punishable under the same section.
The counts
Counts one and two of the charges reads as follows:
- That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), on or about 14 January, 2015 in Ilorin, within the jurisdiction of this Honourable court, did illegally spend the sum of N1,000,000,000.00 (One Billion Naira) to pay salaries of civil servants in Kwara , which sum was originally domiciled in the Kwara State Universal Basic Education Board (SUBEB).
Matching Grant account and which sum formed part of the funds allocated for the execution of the projects stated in the action plan for the year 2013 and approved by the Universal Basic Education Board (UBEC) and you thereby committed an offence contrary to Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.”
- “That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), between July 25,, 2016 and September 7, 2016 in llorin, within the jurisdiction of this Honourable court, in such capacity having dominion over certain property, to wit; the sum of N990,545,883.64 (Nine Hundred and Ninety Million, Five Hundred and Forty-Five Thousand, Eighty Hundred and Eighty-Three Naira and Sixty-Four Kobo), committed criminal breach of trust in respect of the said sum…
You dishonestly transferred the said sum from the Kwara SUBEB Matching Grant account into Polaris Bank for the repayment of loan facilities granted to the State Government by the said bank contrary to the direction of the Compulsory Free Universal Basic Education Act, 2004, and you thereby committed an offence contrary to Section 315 of the Criminal Code and punishable under the same section.”
The bail
When the case was called up on Monday, EFCC counsel, Rotimi Jacobs, SAN, told the court that the anti-graft agency has a 14-count charge, dated, October 15, 2024, and filed on same date.
The application was read to the defendants, Ahmed and Banu, who pleaded not guilty to their respective charge.
The defence, through separate application on behalf of the accused, moved oral applications for the bail of the defendants.
Ruling on the applications, the judge admitted the former governor and his commissioner to bail in the sum of N100 million with two sureties each.
The case was thereafter adjourned till December 4 and 5 for the commencement of the trial proper.
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