The immediate former governor of Kwara State, Abdulfatah Ahmed, and his finance commissioner, Ademola Banu, were re-arraigned by the Ilorin Zonal Directorate of the Economic and Financial Crimes Commission, or EFCC, on Monday, October 21, 2024, before Justice Mahmud Abdulgafar of the Kwara State High Court in Ilorin on a 14-count amended charge that centred on alleged stealing and mismanagement of public funds totalling N5.78 billion.
According to Premium Times, they were re-arraigned when Justice Evelyn Anyadike, the former trial judge of the Federal High Court in Ilorin, was moved to a different division.
On April 29, 2024, Governor Abdulfatah and Banu entered a not guilty plea to a 12-count accusation of misappropriation of public funds after being first brought before Justice Anyadike. Nevertheless, throughout the trial, the presiding judge was moved. Therefore, the case must begin from scratch.
Although Banu’s name was included in all fourteen counts, only Ahmed was charged in count 7 with failing to complete an assets declaration form that EFCC officers had given him upon his detention, in violation of Section 27(3)(c) of the EFCC Act No. 1 of 2004.
In violation of Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000, Governor Abdulfatah is accused of spending a total of N1,610,730,500.00 (one billion, six hundred and ten million, seven hundred and thirty thousand, five hundred naira) intended for state administration and security to charter private jets through Travel Messengers Limited.
In addition to providing security and other infrastructure services for the people of the State, the former governor and his finance commissioner were accused of conspiring to embezzle funds intended to pay the salaries of teachers employed by the Kwara State Universal Basic Education Board.
Count one of the charge reads:
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“That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), on or about 14 January, 2015 in Ilorin, within the jurisdiction of this Honourable court, did illegally spend the sum of N1,000,000,000.00 (One Billion Naira) to pay salaries of civil servants in Kwara State which sum was originally domiciled in the Kwara State Universal Basic Education Board (SUBEB) Matching Grant account and which sum formed part of the funds allocated for the execution of the projects stated in the action plan for the year 2013 and approved by the Universal Basic Education Board (UBEC) and you thereby committed an offence contrary to Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.”
Count four reads:
“That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), between 25th July, 2016 and 7th September, 2016 in llorin, within the jurisdiction of this Honourable court, in such capacity having dominion over certain property, to wit; the sum of N990,545,883.64 (Nine Hundred and Ninety Million, Five Hundred and Forty-Five Thousand, Eighty Hundred and Eighty-Three Naira and Sixty-Four Kobo), committed criminal breach of trust in respect of the said sum, when you dishonestly transferred the said sum from the Kwara SUBEB Matching Grant account into Polaris Bank for the repayment of loan facilities granted to the Kwara State Government by the said bank contrary to the direction of the Compulsory Free Universal Basic Education Act, 2004, and you thereby committed an offence contrary to Section 315 of the Criminal Code and punishable under the same section.”
“My Lord, we have a 14-count charge dated, 15th day of October 2024, and filed on the same date,” said Rotimi Jacobs, SAN, the EFCC’s attorney, when the matter was summoned at precisely 9:00 a.m. on Monday. We implore your Lordship to acknowledge the accusation and for the defendants to be read it.
In response, Kamaldeen Ajibade, SAN, and Gboyega Oyewole, SAN, the lead solicitors for the first and second defendants, did not raise any objections to the motion. As a result, Justice Abdulgafar approved the application and mandated that the defendants read the accusation.
When the charges were read to them, the two entered not guilty pleas.
The defence then requested permission from the court to file oral petitions for the defendants’ bail in a separate application on behalf of their clients. They informed the judge that the matter had been pending since 2019 and that the accused had never jumped the administrative bail set by the Commission.
Since all of the charges against the first and second defendants are subject to bail, they requested the court to use its discretion to admit them to bail.
After considering the applications, Justice Abdulgafar granted bail of N100 million with two sureties each for the former governor (Abdulfatah) and his fellow traveler, Banu. One of the sureties ought to be a retired or active permanent secretary.
The case was then postponed until December 4 and 5 for trial commencement.
