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N1.5 Billion Fraud: Court Remands Fani-Kayode

A Magistrate Court sitting in Ikeja has granted a remand application brought by the Economic and Financial Crimes Commission (EFCC) seeking to remand Femi Fani-Kayode on an alleged N1.5 billion fraud.

A Magistrate Court sitting in Ikeja has granted a remand application brought by the Economic and Financial Crimes Commission (EFCC) seeking to remand Femi Fani-Kayode on an alleged N1.5 billion fraud.

Mr. Fani-Kayode, the former spokesman for the Goodluck Jonathan campaign organization in the 2015 presidential election and the former Minister of Aviation, was brought before Chief Magistrate Bola Osunsanmi at about 10:55 AM yesterday.

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When the matter was called at about 12:30 PM, the anti-graft counsel, Mr. A. N. Anana, told the court of the application for an order of remand dated May 10, 2016 brought pursuant to Section 261 of the Administration of Criminal Justice Law (ACJL) of 2011 of Lagos State, pending when he will be properly arraigned at the appropriate court.

"We have an application before the court, an order of remand dated May 10 brought pursuant to Section 261 of ACJL. Attached with it is a nine paragraph affidavit of urgency deposed to by one Tosin Ngbodagha."

Mr. Anana then urged the court to grant the application.

In opposition to the EFCC's remand application, Mr. Fani-Kayode's counsel, Mr. Wale Balogun, argued that the anti-graft application was a breach of his constitutional rights. He said that the defendant had been granted an administrative bail by the EFCC on May 9 but had not been released.

He also informed the court that the anti-graft agency had received the same order of remand for 14 days before an Abuja Chief Magistrate Court. After it expired they brought Mr. Fani-Kayode to Lagos on the same issue.

He argued that "on the issue of remand, we are asking the court that the defendant cannot be remanded in the lieu of the fact that the matter is pending before a High Court on the same subject, under the Criminal Justice Act of Lagos. It is a breach of the constitution. They granted him bail but refused to release him."

Mr. Balogun therefore urged the court to disregard the EFCC's remand application against his client.

At about 2:07 PM, the court dismissed Mr. Fani-Kayode's application.

She held that he failed to exhibit any document before the court to show that Mr. Fani-Kayode had been charged before any court for the alleged offense.

The judge therefore ordered that Mr. Fani-Kayode be remanded at the EFCC's custody for three weeks pending his arraignment at the appropriate court.

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Legal