On Monday, the Economic and Financial Crimes Commission (EFCC), filed 14 fresh charges of alleged N5.78 billion fraud against Abdulfattah Ahmed, the former Kwara State governor, and his Commissioner of Finance, Mr Ademola Banu, before a Kwara State High Court presided by Justice Mahmud Abdulgafar.
The were reportedly 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The fresh re-arraignment of the former governor and his finance commissioner is an aftermath of the withdrawn case last week Wednesday from the Federal High Court, Ilorin where they were formerly standing trial by the EFCC sequel to the transfer of the former trial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.
The duo was first arraigned on a 12-count charge of mismanagement of public funds in April 29, 2024 before Justice Anyadike, to which they pleaded not guilty.
Later on, the presiding judge was transferred in the course of the trial. Hence, the case has to start afresh.
According to reports, the name of ex-governor Ahmed featured in all the 14 counts, while 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.
Furthermore, among sundry issues, Abdulfatah 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 allegedly accused of colluding to embezzle funds designated for the salaries of teachers at the Kwara State Universal Basic Education Board, as well as for ensuring security and developing infrastructure for the state's residents, among other uses.
During the proceedings on Monday, Rotimi Jacobs, SAN, the EFCC's counsel, notified the court that a 14-count charge dated October 15, 2024, had been prepared and submitted on that date.
Afterward, the defense counsels filed a separate application on behalf of their clients, seeking the court's permission to make oral motions for the defendants' bail.
They also requested the court to continue the bail that had previously been granted to their clients, arguing that the case had been underway since 2019 and that the defendants had consistently complied with the administrative bail issued by the Commission, which they had never breached.
They appealed to the court to exercise its discretion to grant bail to the first and second defendants, noting that all the charges against them are bailable offenses.
In ruling on the applications, Justice Abdulgafar granted bail to the former governor, Abdulfatah, and his former Commissioner of Finance, Banu, setting the amount at N100 million each, with each required to provide two sureties. One of the sureties must be a current or retired permanent secretary in the state.
The case was adjourned to December 4 and 5, 2024, for further proceedings.
