The Economic and Financial Crimes Commission (EFCC) on Monday filed 14 new charges of alleged N5.78 billion fraud against former Kwara State Governor Abdulfattah Ahmed and his Commissioner of Finance, Ademola Banu, before Justice Mahmud Abdulgafar at the Kwara State High Court.
The charges relate to the alleged diversion and misappropriation of public funds meant for various projects and state security. This fresh re-arraignment follows the withdrawal of the case from the Federal High Court in Ilorin last Wednesday, after the transfer of the presiding judge, Justice Evelyn Anyadike, to another division.
Abdulfattah and Banu were initially arraigned on a 12-count charge of mismanaging public funds before Justice Anyadike on April 29, 2024, where they both pleaded not guilty. However, the trial was halted due to the judge’s transfer, necessitating the case to restart.
While Abdulfattah’s name appears in all 14 counts, Banu is excluded from count 7, where only the former governor is accused of failing to fill an assets declaration form during his arrest, an offense punishable by up to five years in prison under the EFCC Act.
Former Kwara State Governor Abdulfattah Ahmed is accused of misappropriating N1.61 billion meant for the state’s security and administration by chartering private jets through Travel Messengers Limited. This act allegedly violates Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000, and is punishable under the same section.
Additionally, the former governor and his Commissioner of Finance, Ademola Banu, are accused of conspiring to divert funds intended 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, 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.”
In response, lead counsels for the first and second defendants, Kamaldeen Ajibade, SAN, and Gboyega Oyewole, SAN, did not oppose the prosecution’s application. Consequently, Justice Abdulgafar granted the application and ordered that the charges be read to the defendants.
Both defendants pleaded not guilty to all charges.
Following this, the defence counsels, through separate applications, requested the court’s permission to make oral applications for their clients’ bail. They urged the court to maintain the previous bail conditions, noting that the case had been ongoing since 2019, and the defendants had been granted administrative bail by the EFCC, which they had consistently complied with.
The defence counsels urged the court to use its discretion to grant bail to the first and second defendants, noting that all the charges against them are bailable offenses.
In his ruling, Justice Abdulgafar granted bail to former Governor Abdulfatah Ahmed and his former Commissioner of Finance, Ademola Banu, in the sum of N100 million each, 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 hearing.
