Banu was arraigned before Justice Evelyn Anyadike of the Federal High Court in Ilorin over alleged money laundering and misappropriation of state funds.
The Economic and Financial Crimes Commission (EFCC), Ilorin Zonal Command, has arraigned the former Commissioner for Finance in Kwara State, Ademola Banu.
Banu was arraigned before Justice Evelyn Anyadike of the Federal High Court in Ilorin over alleged money laundering and misappropriation of state funds.
The anti-graft agency accused the former commissioner of money laundering and misappropriating public funds to the tune of N1.22 billion.
The EFCC alleged that among sundry issues, Banu conspired to divert the said sum during the administration of former Governor Abdulfatah Ahmed, between May 2011 and May 2019 when he served as the Commissioner for Finance.
Banu was to be arraigned alongside his principal, former governor Abdulfatah on February 23, 2024, but when the case came up, he was absent in court and had no legal representation. This prompted the court to issue a bench warrant against him upon the application by counsel for the EFCC, Rotimi Jacobs (SAN).
The court, on the said date, took the plea of the former Governor Abdulfatah on the 12 counts preferred against him and his finance commissioner by the EFCC and adjourned till Monday, April 29, while ordering the prosecution to produce Banu for trial.
SaharaReporters had reported that Banu had accused the EFCC of lying and misleading the Court in Ilorin to secure a warrant of arrest against him.
SaharaReporters had also 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.
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.
At the resumed sitting on Monday, the former governor Ahmed and Banu, who were listed as the first and second defendants in the charge, were present in court.
When the case was called, A. A. Ajibade (SAN) announced his appearance for Abdulfatah, Gboyega Oyewole (SAN) for Banu, while the prosecution team was led by Rotimi Jacobs (SAN).
Jacobs told the court that the second defendant who was unavailable at the last sitting when his co-traveler, Abdulfatah was arraigned, was finally in court to take his plea.
The EFCC prosecutor said, “My Lord, at the last adjournment, the first defendant (governor Abdulfatah) took his plea, but the second defendant (Banu) was not available in court that day, causing your lordship to issue a bench warrant against him.
“Following the order of the court, counsel to the second defendant called me and explained that he would produce his client before the court today, which he has done. I pray the court to allow the charge to be read to him.”
Responding, Banu’s counsel, Oyewole prayed the court to discharge the bench warrant earlier issued against his client, which Jacobs did not oppose.
In a short ruling, Justice Anyadike vacated the bench warrant on the second defendant, setting the stage for his arraignment.
Justice Anyadike therefore ordered Banu to enter the dock to take his plea.
Meanwhile, count three of the charge against Banu stated “That you, Abdulfatah Ahmed (while being the Governor of Kwara State) and Ademola Banu (while being the Commissioner of Finance of Kwara State), between January and December 2018 in Ilorin, within the jurisdiction of this Honourable Court, conspired between yourselves to commit an offence, to wit: conversion of the sum of N411,000,000 property of Kwara State Government meant for the provision of security in Kwara State, which sum you reasonably ought to have known was a proceed of an unlawful act, to wit; theft/fraud and you thereby committed an offence contrary to section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3) of the same Act.”
But the defendant pleaded not guilty to the charge when it was read to him.
Following his plea, Oyewole moved a motion for the bail of his client. He prayed the court to grant the application on liberal terms citing the medical conditions of the client as reasons.
The EFCC prosecutor, Jacobs, did not oppose the application given the earlier ruling, hence, Justice Anyadike admitted the second defendant to bail in the sum of N20 million with two sureties in like sum, who must have landed property within the jurisdiction of the court.
The sureties must deposit three passport photographs with the court's registrar. The sureties must also produce evidence of payment of electricity bills for the last three months.
The judge further ordered that the sum of N5 million must be paid as a bond into the litigation account of the Federal High Court by the defendant, which will be returned to him after the final determination of the case, but forfeited to the Federal Government in the event the defendant jumps bail.
The judge also ordered the defendant to deposit his international passport with the court, adding that the defendant must not travel without the permission of the court, but may apply to get it on medical grounds if the need arises.
Thereafter, the judge ordered the defendant to be remanded in the custody of the EFCC pending the perfection of his bail conditions.
The court adjourned the case to June 25 and 26, 2024 for trial.