EFCC re-arraigns former Kwara Governor, Ex-commissioner in alleged N5.78bn fraud case

The Economic and Financial Crimes Commission, on Monday, filed 14 fresh charges of alleged N5.78 billion fraud against the former Kwara State governor, Abdulfattah Ahmed, and his Commissioner of Finance, Mr Ademola Banu, before a Kwara State High Court presided by Justice Mahmud Abdulgafar.

The duo were charged with alleged diversion and misappropriation of public funds meant for the execution of some projects and security of the state.

The fresh re-arraignment of the former governor and his finance commissioner followed the withdrawal of the case last week Wednesday from the Federal High Court, Ilorin where they were formerly standing trial by the EFCC sequel to the transfer of the former trial judge, Justice Evelyn Anyadike of the Federal High Court sitting in Ilorin to another division.

Abdulfatah and Banu were first arraigned on a 12-count charge of mismanagement of public funds before Justice Anyadike on April 29, 2024, to which they pleaded not guilty.

However, the presiding judge was transferred in the course of the trial. Hence, the case has to start de-novo.

While the name of ex-governor Ahmed featured in all the 14 counts, Banu’s name did not appear in count 7 where only Ahmed was accused of failure to fill assets declaration form offered him by officers of the EFCC upon arrest contrary to Section 27(3)(c) of the Economic and Financial Crimes Commission (Establishment) Act No. 1 of 2004, which is an offence punishable with a term of 5 years imprisonment under Section 27(3) of the same Act.

Abdulfatah among sundry issues allegedly spent an aggregate sum of N1,610,730,500.00 (One Billion, Six Hundred and Ten Million, Seven Hundred and Thirty Thousand, Five Hundred Naira), meant for the security and administration of the state to charter private jets through Travel Messengers Limited, contrary to Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.

The former governor and his finance commissioner were alleged to have conspired to steal money that was meant to pay salaries of teachers working with Kwara State Universal Basic Education Board, meant to provide security and other infrastructural facilities for the people of the State among others.

Count one of the charges read, “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 State 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 25th July, 2016 and 7th September, 2016 in Ilorin, 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, when 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 Kwara 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.”

When the case was called on Monday, counsel to the EFCC, Rotimi Jacobs, SAN, told the court, that a 14-count charge dated October 15, 2024, was prepared and filed on the same date.

“We urge your Lordship to accept the charge and allow it to be read to the defendants.”

Responding, the lead counsel to the first and second defendants, Kamaldeen Ajibade, SAN, and Gboyega Oyewole, SAN, did not object to the application.

Therefore, Justice Abdulgafar granted the application and ordered that the charge be read to the defendants.

The duo pleaded not guilty to all their respective charge when it was read to them.

Thereafter, the defence counsels through a separate application on behalf of their clients, sought the leave of the court to move oral applications for the bail of the defendants.

They pleaded with the Court to allow the bail formerly granted to their clients to continue arguing that the case had started since 2019 and the defendants were granted administrative bail by the Commission, which they had never jumped.

They urged the court to exercise its discretion to admit the first and second defendants to bail as all the offences levelled against them are bailable.

Ruling on the applications,  Justice Abdulgafar admitted the former governor (Abdulfatah) and his former Commissioner of Finance, Banu, to bail in the sum of N100 million with two surety each. One of the surety must be a serving or retired permanent secretary in the state.

The case was adjourned till December 4 and 5, 2024, for further hearing.