On Friday, February 23, 2024, the EFCC charged the duo of former Governor Ahmed and Ademola Banu before the Federal High Court, Ilorin, Kwara State in Charge No: FHC/IL/18C/2024 (FRN vs. Abdulfatah Ahmed & Anor.), accusing them of committing offences that include abuse of office and money laundering.
The former commissioner of finance of Kwara State, Engr Ademola Banu has accused the Economic and Financial Crimes Commission of lying and misleading a Federal High Court in Ilorin to secure a warrant of arrest against him.
SaharaReporters had reported how a former Kwara State governor, Alhaji Abdulfatah Ahmed, was grilled at the Ilorin Command Office over the alleged misappropriation of billions of naira during his tenure.
On Friday, February 23, 2024, the EFCC charged the duo of former Governor Ahmed and Ademola Banu before the Federal High Court, Ilorin, Kwara State in Charge No: FHC/IL/18C/2024 (FRN vs. Abdulfatah Ahmed & Anor.), accusing them of committing offences that include abuse of office and money laundering.
The former governor was charged alongside his commissioner for finance, Ademola Banu over the alleged mismanagement of public funds to the tune of N10 billion.
The EFCC informed the court that Banu had jumped the administrative bail granted to him by the EFCC and that all efforts to reach him proved abortive. The EFCC disclosed to the court that their intelligence revealed that Ademola Banu absconded to the United Kingdom after getting information that Ahmed had been invited and detained.
On the strength of these facts, the EFCC thereafter urged the court to issue a warrant of arrest against Banu, which was granted.
Subsequently, Banu filed an Application/Motion to the court in the extant Charge No: FHC/IL/18C/2024 on Monday, February 26, 2024, for the court to vacate the warrant of arrest issued against him on the basis that the facts presented to the court by the EFCC were untrue and misleading.
In his application, he argued that contrary to the referenced facts presented to the court by EFCC, he travelled to the United States on December 21, 2023 to see his family and also attend to his health.
The application reads in part, “On Friday 23rd February 2024, the 2nd Defendant heard/read in the news that Governor Abdulfatah Ahmed was arraigned in court and that a Warrant of Arrest was issued against him. Numerous media houses carried the news and stated the particulars of this suit.
“The 2nd Defendant/Applicant quickly reached out to his team of Lawyers who confirmed the story in the news and forwarded a copy of the Charge in CHARGE NO: FHC/IL/18C/2024 (FRN vs. Abdulfatah Ahmed & Anor.) (i.e. the instant suit) to him as shared by media houses.
“The Complainant/Respondent lied before this honourable court in securing the Warrant of Arrest/Bench Warrant against the 2nd Defendant/Applicant because the 2nd Defendant/Applicant has never been invited for any investigation since the 2nd Defendant/Applicant was discharged by this court in Charge No: FHC/IL/24C/2019 (Federal Republic of Nigeria vs. Olarewaju Ademola Adeyemi & 2 Ors).
“The 2nd Defendant/Applicant was never admitted to any administrative bail by the Complainant/Respondent since his discharge in Charge No: FHC/IL/24C/2019 (Federal Republic of Nigeria vs. Olarewaju Ademola Adeyemi & 2 Ors) and there is no record with the Complainant/Respondent that anyone ever stood as surety for the 2nd Defendant/Applicant before the Complainant/Respondent between the period of 18th November, 2020 till date.
“The 2nd Defendant/Applicant is very ready to use Constitutional and all legal means to challenge the current charge brought against him.
“The 2nd Defendant/Applicant was never served with the fresh Charge in CHARGE NO: FHC/IL/18C/2024 (FRN vs. Abdulfatah Ahmed & Anor.) and he was hitherto not aware of the existence of same until he became aware through the media.
“The 2nd Defendant/Applicant undertakes to, where necessary, be physically present in court as he has no record of jumping administrative or court bail anywhere.
“The facts stated by the Complainant/Respondent to secure Arrest/Bench Warrant issued by this court against the 2nd Defendant/Applicant are totally and completely false as the 2nd Defendant/Applicant has never been invited nor investigated by the Complainant/Respondent after his discharge by this honourable court on 18th November, 2020.
“The law mandates that a warrant of arrest shall not be issued in the first instance unless there is an Oath whereas the Complainant/Respondent did not swear to any oath before moving the court to issue Warrant of Arrest/Bench Warrant against the 2nd Defendant/Applicant. The interest of justice would be best served if the warrant against the 2nd Defendant/Applicant is vacated.”
From his passport and e-ticket attached to the Application, Banu maintains that he returned to Nigeria on February 6, 2024 and has been in Nigeria since then even at the moment the EFCC was telling the court he was in the United Kingdom.
Banu debunked the insinuation that he was not reachable. According to him, all his phones were active even when he was in the US.
Furthermore, Banu informed the court that the issue of bail did not arise because there was no new investigation and invitation by the EFCC after his discharge on November 18, 2020, by the court in a previous suit with number FHC/IL/24C/2019.
In addition, the application said the previous charges filed against Banu, Travel Messenger, and one Mr. Adeyemi in a suit numbered FH/IL/24C/2019 which were withdrawn by the EFCC leading to his discharge by the court were similar to the extant charges preferred in Charge No: FHC/IL/18/2024 against Abdulfatah Ahmed and himself.
In the counter affidavit filed by the EFCC in response to the issues raised by Banu, the anti-graft agency said the previous charges in suit numbered FHC/IL/24C/2019 were withdrawn as a result of their inability to join former Governor Ahmed with the other co-defendants as a result of the immunity the former governor enjoyed while in office.
Meanwhile, in his final affidavit filed to respond to the issues canvassed by the EFCC, Banu informed the court that the excuse given by EFCC for withdrawing the previous charges was a misrepresentation of facts because the governor was no longer enjoying immunity as at the time the first charges in the suit numbered FHC/IL/24C/2019 were filed in court on October 19, 2019, while the governor left office on May 29, 2019.