Court acquits Fani-Kayode of forgery

Justice Olubunmi Abike-Fadipe of Lagos Ikeja Special Offences Court has discharged and acquitted the former minister of aviation, Femi Fani-Kayode, of the forgery charge brought against him by the Economic and Financial Crimes Commission (EFCC).

The judge discharged Fani-Kayode yesterday while ruling on his no-case submission filed by his counsel, Mr Wale Balogun (SAN).

The judge said that the prosecution failed to establish a prima facie case against the defendant, and added that the prosecution failed to establish a link between the defendant and the offences charged.

The court said that the prosecution failed to present the defendant’s associates who allegedly collected money from him or the lawyer who allegedly stated that the defendant had instructed his law firm to take the medical reports to the Federal High Court.

“The extrajudicial statements which remain, and which are intended as evidence, cannot be used for any purpose other than to contradict the person who made the statement when he is in the witness box,” the judge said.

“I have carefully studied the evidences of the prosecution witnesses and I can not find where the defendant committed the offences being alleged. The prosecution has failed to establish a prima facie case which would require the defendant to open his defense.”

On the issue of cost, the court held that “the defendant is at liberty to file an action report and do so in private.”

The judge therefore discharged and acquitted him of the alleged offences.

The anti-graft commission on November 11, 2021, arraigned Fani-Kayode on a 12 counts charge bordering on the allegation of procuring and execution of documents by false pretenses, use of false documents, fabrication of evidence, and use of fabricated evidence.

The EFCC had called seven witnesses to testify against the former minister and closed its case.

But on December 7, 2024, Fani-Kayode filed a no-case submission and urged the court to dismiss the prosecution case against him, noting that they had failed to establish the charge against him.

On January 15, 2025, a Federal High Court in Abuja discharged the former minister of the three-count charge bordering on money laundering leveled against him by EFCC.

Justice John Tsoho in his ruling, held that EFCC failed in proving the charge against Fani-Kayode.

The court held that his decision was based on the prosecution’s failure to provide sufficient evidence linking Fani-Kayode to the alleged offenses.

“The prosecution failed to establish a prima facie case against the defendant and therefore, the no-case submission was upheld. The prosecution presented three witnesses and tendered exhibits to support their case. This court finds that the evidence presented was inconsistent, contradictory, and unreliable.

“The evidence of PW3 (Mohammed Goji) left more questions than answers and was not conclusive.

“PW1’s (Victor Ehabhi) evidence under cross-examination showed fundamental inconsistencies and PW2 (Francis Abu) did not link the defendant to the charges.”

The ruling delivered by Justice Tsoho is reminiscent of a similar case in 2015, where Justice Rita Ofili-Ajumogobia discharged and acquitted Fani-Kayode of money laundering charges.