Court threatens Fani-Kayode with arrest over ‘non-appearance’ for trial

Justice Olubunmi Abike-Fadipe of a Special Offences Court, Ikeja, Lagos has threatened to declare former Minister of Aviation, Femi Fani-Kayode, wanted for alleged refusal to appear in his ongoing trial.
 
The Economic and Financial Crimes Commission (EFCC) had instituted a suit against the ex-minister over allegation of procuring execution documents by false pretence and fabricating evidence.
 
He was arraigned on a 12-count charge bordering on falsehood.
 
The anti-graft agency had accused the defendant of forging medical report(s) tendered before Justice Daniel Osiagor of the Federal High Court sitting in Ikoyi, Lagos, where he is being prosecuted for alleged N4.9 billion fraud.
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However, after his arraignment, the prosecution commenced trial at the Special Offences Court, establishing that he had denied appearance.  The court had adjourned continuation of trial three times for alleged absence of the defendant in court. 
 
When the case was called yesterday, the defendant was again absent in court, a development Justice Abike-Fadipe deplored.
 
At the last adjourned date, defendant counsel, Wale Balogun, had informed the court that his client’s absence was due to ill health and issues with the Department of State Services (DSS).
 
He had pleaded with the court to grant him adjournment with a promise to make him available at yesterday’s proceedings.
 
But at yesterday’s activities, Chinozo Eze, who represented him, again, advanced Fani-kayode’s absence on health grounds. 
 
He said a medical report and a letter seeking a leave to vacate the two dates were already in court file.

EFCC counsel, Zinat Atiku, confirmed the development, stating that prosecution’s hands were tight. 
 
The judge decried the constant non-appearance of the defendant, noting that the last time he was in court was November 4, 2022.

She cited several excuses tendered for the defendant’s non-appearances.
 
The court, subsequently, threatened to issue a bench warrant against him if he fails to show up at the next adjourned date.
The judge also tackled the prosecutor for non-diligent prosecution, noting that they can withdraw the matter if EFCC is not ready to prosecute.
 
She, subsequently, adjourned the case to November 7, 2023 for continuation of trial.
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