Court fails to grant EFCC’s request to arrest ex-Aviation Minister, Fani Kayode

The Federal High Court in Abuja on Wednesday rejected an application by the Economic and Financial Crimes Commission for the arrest of a former Minister of Aviation. Chief Femi Fani-Kayode is being tried for alleged money laundering related offences.

According to Punch, the EFCC’s prosecuting counsel, Mr Mohammed Abubakar, had urged the court to issue an arrest warrant against the ex-minister following his absence from Wednesday’s proceedings of his trial.

Fani-Kayode is being charged on five counts, including alleged diversion of N26m, which he allegedly received from the then NSA, Sambo Dasuki, to pay for an unspecified contract.

The application was opposed by Fani-Kayode’s lawyer, Mr Wale Balogun, who tendered a medical report dated November 24, 2020, advising the former minister to observe some bed rest.

Justice John Tsoho, who is also the Chief Judge of the Federal High Court rejected the prosecution’s application for the issuance of an arrest warrant against the former minister on the grounds that the medical report presented by his lawyer showed that he had justifiable grounds to be absent from the trial on Wednesday.

However, the defence counsel, Wale Balogun, urged the court to dismiss the EFCC’s oral application.

Justice Tsoho, however, faulted Balogun’s argument, the application made by Abubakar under Sections 179 and 184 of the Administration of Criminal Justice Act (ACJA), ought not to be made orally.

He also faulted the defence lawyer’s suggestion that the defendant was absent in court because he was misled by his lawyer.

Fani-Kayode is also accused of handling the said N26m without going through the financial institution as required under the Money Laundering Act.

He adjourned till February 23 and 24 next year for the continuation of trial.