The Economic and Financial Crimes Commission, EFCC, on Monday, October 21, filed 14 new charges of alleged N5.78 billion fraud again
The charges accuse the two officials of diverting and misappropriating public funds earmarked for various projects and security measures in the state.
This fresh re-arraignment comes after the EFCC withdrew the previous case last Wednesday from the Federal High Court in Ilorin, following the transfer of Justice Evelyn Anyadike, the presiding judge in that case, to another division. Abdulfattah and Banu were initially arraigned on April 29, 2024, on a 12-count charge of mismanagement of public funds, to which both pleaded not guilty.
Due to the transfer of the original judge, the case has been restarted from scratch.
In the 14 new charges, Abdulfattah Ahmed is named in all counts, while Ademola Banu is excluded from Count 7, where Ahmed alone is accused of failing to complete an assets declaration form, a violation of Section 27(3)(c) of the EFCC (Establishment) Act No. 1 of 2004. This offense is punishable by a five-year prison term under Section 27(3) of the same Act.
One of the key allegations against the former governor involves the misappropriation of N1.6 billion, meant for state security and administration, which was instead used to charter private jets through Travel Messengers Limited. This act contravene Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000.
Both Ahmed and Banu are also accused of conspiring to steal funds meant for teachers’ salaries under the Kwara State Universal Basic Education Board, as well as money allocated for security and infrastructure projects in the state.
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, EFCC counsel Rotimi Jacobs, SAN, informed the court that a 14-count charge had been drafted and filed on October 15, 2024.
“We urge your Lordship to accept the charge and allow it to be read to the defendants.”
In response, lead counsels for the first and second defendants, Kamaldeen Ajibade, SAN, and Gboyega Oyewole, SAN, raised no objections to the application. As a result, Justice Abdulgafar granted the request and directed that the charges be formally read to the defendants.
Both defendants pleaded not guilty to all charges.
Following the arraignment, the defence counsels, through separate motions, sought the court’s permission to present oral applications for bail on behalf of their clients. They appealed to the court to maintain the existing bail terms, noting that the case had been ongoing since 2019, during which time the defendants had been granted administrative bail by the EFCC, which they had fully complied with.
The defence further argued that all the charges against the defendants were bailable and urged the court to exercise its discretion in their favor.
In his ruling, Justice Abdulgafar granted bail to the former governor and his former Commissioner of Finance each in the sum of N100 million with two sureties. One of the sureties must be a serving or retired permanent secretary in the state.
The case was adjourned to December 4 and 5, 2024, for further proceedings.
