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Tag: Fani-Kayode

  • EFCC to judge: Don’t disqualify yourself from Fani-Kayode’s trial

    EFCC to judge: Don’t disqualify yourself from Fani-Kayode’s trial

    The Economic and Financial Crimes Commission (EFCC) has asked Justice Muslim Hassan of the Federal High Court in Lagos not to disqualify himself from adjudicating the trial of former Minister of Aviation, Chief Femi Fani-Kayode.

    The commission said the former minister’s application for the judge to recuse himself was a bid to “scuttle” the trial.

    EFCC arraigned Fani-Kayode with former Minister of State for Finance, Senator Nenadi Usman, on a 17-count charge of laundering about N4.6billion. They pleaded not guilty to the charges.

    They were charge along with a former National Chairman of the Association of Local Government of Nigeria (ALGON) and ex-Chairman of Kagarko Local Government Area of Kaduna State, Mr. Yusuf Danjuma and a company, Jointrust Dimentions Nigeria Limited.

    Fani-Kayode said Justice Hassan, who worked as Head of Legal Unit at the EFCC before his appointment as a judge, signed the money laundering charge for which he was previously tried and acquitted by Justice Rita Ofili-Ajumobia on July 1, 2015.

    But, EFCC, in its counter-affidavit deposed to by Idris Mohammed, urged the judge not to grant Fani-Kayode’s application.

    The commission said Justice Hassan only signed the charge against Fani-Kayode in compliance with EFCC’s policy that a charge assigned to a private legal practitioner must be signed by the zone head of legal unit.

    The prosecution said Justice Hassan never had any personal contact with Fani-Kayode, and was not a member of the team of investigators and prosecutors that handled the former minister’s trial.

  • Ex-minister to court: I need cancer treatment abroad

    Ex-minister to court: I need cancer treatment abroad

    A former Minister of State for Finance, Senator Nenadi Usman, has asked Justice Muslim Hassan of the Federal High Court in Lagos to permit her to travel abroad to receive treatment for breast cancer.

    She said doctors at the National Hospital in Abuja recommended that she receives further treatment abroad after suffering a relapse following a surgery.

    Her application, however, could not be heard because the judge ruled that he would first consider a pending application challenging the court’s jurisdiction.

    The Economic and Financial Crimes Commission (EFCC) arraigned Usman alongside a former Minister of Aviation, Chief Femi Fani-Kayode.

    Also arraigned are former National Chairman of the Association of Local Government of Nigeria (ALGON) and ex-Chairman of Kagarko local government area of Kaduna State, Mr. Yusuf Danjuma and a company said to belong to him, Jointrust Dimentions Nigeria Limited.

    EFCC arraigned them on a 17-count charge of laundering about N4.6billion. They pleaded not guilty to the charges.

    Fani-Kayode, in his pending application, is asking the judge to disqualify himself because he was “worried and terrified” that he would not get a fair hearing from Justice Hassan.

    He is asking the judge to decline jurisdiction and transfer the case to the court’s Abuja division, adding that Justice Hassan, who worked as a prosecutor at the Federal Ministry of Justice and later seconded to the EFCC, signed the charge for which he was previously tried and acquitted by Justice Rita Ofili-Ajumobia for money laundering

    Usman, in her applications, is praying the court to allow her to be tried separately from Fani-Kayode and for her trial to be transferred from Lagos to Abuja for convenience.

    Usman’s lawyer, Mr. Abiodun Owonikowo (SAN), on Wednesday prayed the court to consider the former minister’s application to travel for medical reasons.

    According to him, since it was a matter of life and death, the judge could hear it before all other applications.

     

  • Alleged N26m fraud: Fani-Kayode to explore settlement

    Alleged N26m fraud: Fani-Kayode to explore settlement

    INDICATION emerged yesterday that a former Minister of Aviation, Femi Fani-Kayode, has resolved to explore settlement options in his trial for alleged diversion of N26 million, which he allegedly received from the Office of the National Security Adviser (ONSA) in 2014.
    The Economic and Financial Crimes Commission had on November 11, 2016, arraigned Fani-Kayode on a five-count charge before Justice John Tsoho of the Federal High Court, Abuja.
    He was accused of receiving the money from the then NSA, Col. Sambo Dasuki, under the guise of payment for contract.
    At the resumption of proceedings yesterday, Fani-Kayode’s lawyer, Ahmed Raji (SAN), indicated his client’s intention to explore options of settlement.
    Raji spoke while reacting to the announcement by prosecution lawyer, Jonson Ojogbane, that he was ready to begin trial. Ojogbane said three of his witnesses were in court.
    Raji, who said he was new in the case, applied for an adjournment to enable him to familiarise himself with the case.
    “I urge my lord to adjourn to enable me to familiarise with the case, to look at the facts of the case and the amount involved. I believe there are other options rather than a full trial,” Raji said.
    He added that he had agreed with the prosecution lawyer before the commencement of court’s proceedings for an adjournment. Ojogbane confirmed that Raji had sought his cooperation for an adjournment
    He said: “The learned silk actually spoke with me. While I’m not opposed to the application, I will like the court to take cognisance of the fact that this is the second adjournment at the instance of the defendant.
    “At the last date, the defendant was unavoidably absent because I was told he was sick. I therefore urge the court to adjourn for a definite hearing date of this case,” Ojogbane said.
    Justice Tsoho adjourned to March 14.

  • Fani-Kayode asks judge to withdraw from case

    Fani-Kayode asks judge to withdraw from case

    Former Minister of Aviation Chief Femi Fani-Kayode has asked Justice Muslim Hassan of the Federal High Court in Lagos, before whom he is being tried for alleged money laundering, to withdraw from the case.

    The Economic and Financial Crimes Commission (EFCC) arraigned Fani-Kayode and former Minister of State for Finance, Senator Nenadi Usman, on a 17-count of laundering about N4.6 billion. They pleaded not guilty.

    The 17-count borders on alleged conspiracy, unlawful retention of proceeds of theft and corruption and money laundering.

    Fani-Kayode said sometime in 2008, he was tried by the EFCC on a 47-count charge before Justice Rita Ofili-Ajumobia.

    He said the charge was “drafted, prepared, settled and executed” by Justice Hassan when he (Hassan) was still a legal officer at EFCC.

    The former minister, who was acquitted, said EFCC “vigorously” prosecuted the charge against him within a period of seven years while Hassan remained a prosecuting counsel at EFCC.

    In a fresh application to challenge the court’s jurisdiction, Fani-Kayode said as a former EFCC lawyer, who had filed criminal charges against him in the past for which he was discharged and acquitted, he would not get justice under Justice Hassan.

    He said upon conclusion of his tenure as minister of Aviation in 2007, the EFCC had investigated him for sundry matters that culminated in criminal charges.

    He stated that Justice Hassan was the commission’s lead counsel that reviewed his case and concluded he should be charged to court for criminal prosecution.

    The former minister said Justice Hassan as  EFCC senior counsel, who prepared and filed the charge sheet against him, believed while instituting the criminal process that a prima facie criminal case had been established against him before preparing, drafting and filling the criminal charge against him.

    He said he was arraigned before the Lagos Division of the court on a 47-count charge signed by Justice Hassan as a senior prosecuting counsel for EFCC in 2008.

    According to him, the charges bordered mainly on his activities as minister.

    He contended that Justice Hassan, being at that time an EFCC senior prosecuting counsel, must have believed or formed an opinion about him  that as minister, he must have abused his office and corruptly enriched himself and thereby committed a financial crime against the country.

    He added that as a result of the charges, he was prosecuted by the anti-graft agency for about seven years before he was discharged and acquitted by the court.

    Forty-five counts were dropped, leaving only two counts, which went to trial.

    He was subsequently discharged and acquitted of them.

    Fani-Kayode is, therefore, praying the judge to withdraw from the pending proceedings because of the likelihood of bias.

    The former minister said he believed the court as presently constituted would not guarantee fair trial, neither is he guaranteed neutrality, impartiality or fair hearing of his case before the court.

    Besides, Fani-Kayode said the transactions leading to the charge occurred in Abuja while he was director of Media and Publicity of the Goodluck Jonathan Presidential Campaign Organisation with its office in Abuja, adding that he also lives in Abuja.

    He is, therefore, praying the court for an order to return the file to the chief judge for reassignment to another judge sitting in the Abuja division.

    The case comes up for hearing on February 8.

  • Ex-governor cautions Fani-Kayode, senator against inflammatory statements

    Elder statesman and first Civilian Governor of old Kaduna State, Alhaji Balarabe Musa, has cautioned former Aviation Minister, Femi Fani-Kayode, and others, against making inflammatory statements that could aggravate the Southern Kaduna crisis.

    The former governor, who described Fani-Kayode as a trouble maker, warned that inciting the people against others would be destructive.

    He cautioned against self defence, as Senator Danjuma La’ah and others called for, saying it would rather lead to more crises.

    He called on the people, irrespective of religion and ethnicity, to unite to end the killings which, according to him, started in 1986.

    Musa urged Governor Nasir El-Rufai to revive Kachia Ginger and other companies in the south, which he said would address the poverty and backwardness in the zone.

    His words: “The people of Southern Kaduna must resist incitements from people misadvising them to carry arms. Instead, they should join hands with some of the honest people they identify in Kaduna North and Central to end the crisis.”

     

  • Court to hear Fani-Kayode’s applications for case transfer

    Court to hear Fani-Kayode’s applications for case transfer

    Justice Muslim Hassan of the Federal High Court in Lagos on Wednesday agreed to hear pending applications filed by former Minister of Aviation, Chief Femi Fani-Kayode and the ex- Minister of State for Finance, Senator Nenadi Usman.

    The Economic and Financial Crimes Commission (EFCC) arraigned the duo on a 17-count charge of laundering about N4.6billion.

    They pleaded not guilty to the charges.

    Defence counsel, including Norrisson Quakers (SAN) and Abiodun Owonikoko, had refused to cross-examine the first prosecution witness because of the pending applications.

    The defendants are challenging the court’s jurisdiction and are praying the judge to transfer the case to Abuja division.

    Ruling on whether or not to hear the pending applications, Justice Hassan said he would hear them since they were not challenging the “competence” of the charge.

    He held: “I have reproduced the relevant provisions of the Administration of Criminal Justice Act, for purposes of clarity. Section 221 of the Act provides that an objection can be taken on the basis of an incompetent charge; Section 273 provides that an accused who pleads not guilty to a charge has submitted to the court’s jurisdiction.

    “It is also the law that after the plea of an accused has been taken, an objection can be raised at any time in relation to the charge before judgment. The law also provides that trial shall be from day to day with adjournment not exceeding five times.

    “From a close reading of these statutory provisions, it is clear that the pending applications are not on the competence of the charge but outside the scope of the ACJA, as the second defendant (Fani-Kayode) is apprehensive that he will not get fair trial.

    “In view of the foregoing provisions and on the basis of fair hearing and the interest of justice, I will take the three pending applications. But I must state that cross examination of PW1 does not amount to a waiver of jurisdiction,” he held.

    Fani-Kayode, in his application, said he was “worried and terrified” that he would not get a fair hearing from Justice Hassan. He is praying the judge to decline jurisdiction and transfer the case to the court’s Abuja division.

    The former minister said Justice Hassan, who worked as a prosecutor at the Federal Ministry of Justice and later seconded to the EFFC before his appointment as a judge, signed the charge against him when he was previously tried and acquitted by Justice Rita Ofili-Ajumobia for money laundering.

  • Fani-Kayode fears judge may be biased

    Fani-Kayode fears judge may be biased

    •Witness: I received N30m cash from ex-minister

    Former Minister of Aviation Chief Femi Fani-Kayode has said he was “worried and terrified” that he will not get a fair hearing from Justice Muslim Hassan of the Federal High Court in Lagos, before who he is being tried for alleged money laundering.
    In a motion on notice filed by his lawyer Norrisson Quakers (SAN), the former minster is praying the judge to decline jurisdiction and transfer the case to the court’s Abuja division.
    The application, a copy of which The Nation obtained yesterday, has not been heard. The prosecution was served with it yesterday and is expected to respond.
    Fani-Kayode recalled in the motion that sometime in 2008, he was tried by the Economic and Financial Crimes Commission (EFCC) on a 47-count charge before Justice Rita Ofili-Ajumobia.
    He said the charge was “drafted, prepared, settled and executed” by Justice Hassan when he (Hassan) was still a legal officer at EFCC.
    The former minister, who was acquitted, said EFCC “vigorously” prosecuted the charge against him within a period of seven years while Hassan remained a prosecuting counsel at EFCC.
    Fani-Kayode said he did not believe he would be get fair hearing, neutrality and impartiality from the judge.
    “The fact that his lordship, M.S. Hassan presiding over this case had previously superintended a criminal charge against the second defendant/applicant (Fani-Kayode) as an officer/senior counsel of the EFCC creates a likelihood of bias,” the former minister said.
    According to him, it would be prejudicial to him and would amount to a breach of his right to fair hearing if Justice Hassan determines the current charge “having previously” prosecuted him.
    “The second defendant/applicant is worried and terrified that this court as presently constituted may not fairly hear his case.
    “The interest of justice will be met if the reliefs sought in this application is granted by this honourable court as prayed on convenience of forum and constitutional safeguard of right to fair trial,” the former minister said.
    Besides, Fani-Kayode said the transactions leading to the charge occurred in Abuja, while he was the Director of Media and Publicity of the Goodluck Jonathan Presidential Campaign Organisation with its office in Abuja, adding that he also lives in Abuja.
    He is, therefore, also praying the court for an order to return the file to the chief judge for reassignment to another judge sitting in the Abuja division.
    The EFCC arraigned Fani-Kayode and former Minister of State for Finance, Senator Nenadi Usman, on a 17-count charge of laundering about N4.6billion before Justice Hassan. They pleaded not guilty.
    The 17-count charge borders on conspiracy, unlawful retention of proceeds of theft and corruption and money laundering.
    They were charged with former National Chairman of the Association of Local Government of Nigeria (ALGON) and ex-Chairman of Kagarko Local Government Area of Kaduna State, Mr. Yusuf Danjuma and a company said to belong to him, Jointrust Dimentions Nigeria Limited.
    Yesterday, the defence counsel refused to cross examine the first prosecution witness, Mr Idowu Olusegun, after he was led in evidence by EFCC’s lawyer Mr Rotimi Oyedepo.
    The witness, a media consultant at Paste Posters Company Ltd, who began his testimony last October 21, said Fani-Kayode paid him in cash for printing campaign posters and flyers. He said he was issued with receipts for the jobs.
    Oyedepo then requested for exhibits P4 and P5 (cash receipts) from the court and gave them to the witness to confirm.
    Olusegun said he received N6million and N24 million from Fani-Kayode.
    When it was time for cross-examination, Usman’s lawyer Mr Abiodun Owonikoko (SAN), urged the court to first hear a pending application dated November 11, 2016, seeking severance of the criminal charge.
    Owonikoko said he was concerned about the joint trial of Usman and Fani-Kayode as well as the choice of Lagos as venue in a matter that occurred in Abuja.
    He noted that it was so tedious for his client to come from Abuja to Lagos on every adjourned date and spend not less than three days in Lagos, especially with all her accounts allegedly frozen.
    Citing the authority of Bamaiyi vs State, he stressed the need to hear his application to separate the defendants’ trial, adding that if refused, then it would become a proper subject for reference to the appellate court for determination.
    Quakers aligned himself with Owonikoko and urged the court to first hear applications touching on jurisdiction.
    He said: “My own application is even weightier as it challenges the jurisdiction of the court, and the law is trite that once such issues are raised, it must be determined one way or the other.”
    Quakers said to cross examine the witness would mean submitting to the court’s jurisdiction which was in issue.
    Oyedepo, however, objected to the prayers, arguing that all the applications could be taken together.
    The prosecution counsel also argued that the accused persons had submitted to the court’s jurisdiction having pleaded to the charges.
    Justice Hassan will deliver a ruling on the issues today.

  • Judge refuses out-of-court meeting with Fani-Kayode

    Judge refuses out-of-court meeting with Fani-Kayode

    Justice Muslim Hassan of the Federal High Court in Lagos yesterday refused an application by former Minister of Aviation Chief Femi Fani-Kayode to hold a private meeting in his chambers.
    Fani-Kayode, through his lawyer Norrisson Quakers (SAN), had sought to meet with the judge in private to discuss certain issues pertaining to the case, which he said were not meant for the public.
    Quakers, while arguing the application, said the “facts” he has could “embarrass” the judge should he say them openly.
    He said the prosecution counsel should also be allowed to be present during the private meeting.
    The Economic and Financial Crimes Commission (EFCC) arraigned Fani-Kayode and former Minister of State for Finance, Senator Nenadi Usman, on a 17-count of laundering about N4.6 billion.
    They pleaded not guilty.
    The 17-count borders on conspiracy, unlawful retention of proceeds of theft and corruption and money laundering.
    They were charge along with former National Chairman of the Association of Local Government of Nigeria (ALGON) and ex-Chairman of Kagarko Local Government Area of Kaduna State Mr. Yusuf Danjuma and a company said to belong to him, Jointrust Dimentions Nigeria Limited.
    Quakers, who said he was just briefed by Fani-Kayode on Sunday evening, said he needed some time to study the case-file so as prepare adequately for his client’s defence.
    He is taking over from Chief Ifedayo Adedipe (SAN), who represented Fani-Kayode when he was arraigned.
    Quakers said: “I’m coming into this matter for the first time. I was briefed yesterday (Sunday) evening. I need time to study the case.
    “That aside, I had applied to enable I and the prosecution counsel to see the judge in chambers. It’s imperative that parties approach the court in chambers.
    “It is our duty to protect the dignity of the court. The rules allow the court to hear certain applications in chambers. We owe it a duty to protect the court from embarrassment.
    “I have at my possession facts that will assist the court to determine whether to proceed or not,” he said.
    Usman’s lawyer Chief Ferdinand Orbih and Danjuma’s lawyer S. I. Ameh (SAN) did not oppose the application.
    They urged court to give Quakers time to prepare for the case, having just been briefed.
    But EFCC’s lawyer, Nkereuwem Anana, said while Fani-Kayode reserved the right to change counsel at any time, it should not impede trial.
    Citing Section 396 (3) of the Administration of Criminal Justice Act 2015, he said trial ought to be day-to-day once a defendant has been arraigned.
    “Being briefed yesterday should not stop the trial. We have our witness in court and we are ready to proceed,” he said.
    On the prayer to meet the judge in chambers, Anana said:  “Everything should be done in open court. Nothing should be done in secret.”
    He added that it was not a decision he would take on his own without his superiors’ approval.
    Ruling, Justice Hassan adjourned until today to enable Quakers study the file.
    He, however, refused the Senior Advocate’s application to meet him in chambers, urging him to file a formal application.
    The judge said: “In respect of the application to meet the court in chambers, with respect to the learned Senior Advocate, this court will not oblige that request.
    “Learned senior counsel is at liberty to file a formal application and forward his observations.
    “In respect of his application for an adjournment, since learned senior counsel has just been briefed and is appearing for the first time in this matter, and this case was adjourned for three consecutive days for trial, on grounds of fair hearing, I will oblige him an adjournment to come back tomorrow (today) for continuation of trial.”
    After the ruling, the judge joked that by virtue of his training, he had “shock absorber” and therefore could cope with whatever is said against him in open court.
    Justice Hassan was a former federal prosecutor before his appointment as a judge. He worked at the Federal Ministry of Justice and was later seconded to the EFCC.
    There was an indication that Quakers may ask the judge to disqualify himself.
    Before the case was formerly called, Quakers had briefed the judge on his application.
    He cited an instance of a Justice of the Court of Appeal, who withdrew from a case to avoid a conflict of interest because the judge had handled the case at the lower court before he was elevated to the appellate court.

  • Judge refuses out-of-court meeting with Fani-Kayode

    Judge refuses out-of-court meeting with Fani-Kayode

    Justice Muslim Hassan of the Federal High Court, Lagos, on Monday refused an application by former Minister of Aviation, Chief Femi Fani-Kayode, to hold a private meeting in his chambers.

    Fani-Kayode, through his lawyer Norrisson Quakers (SAN), had sought to meet with the judge in private to discuss certain issues pertaining to the case, which he said were not meant for the public.

    Quakers, while arguing the application, said the “facts” he has could “embarrass” the judge should he say them openly.

    He said the prosecution counsel should also be allowed to be present during the private meeting.

    The Economic and Financial Crimes Commission (EFCC) arraigned Fani-Kayode and former Minister of State for Finance, Senator Nenadi Usman, on a 17-count charge of laundering about N4.6billion. They pleaded not guilty to the charges.

    The charges border on conspiracy, unlawful retention of proceeds of theft and corruption and money laundering.

    They were charge along with former National Chairman of the Association of Local Government of Nigeria (ALGON) and ex-Chairman of Kagarko local government area of Kaduna State, Mr. Yusuf Danjuma and a company said to belong to him, Jointrust Dimentions Nigeria Limited.

    Quakers, who said he was just briefed by Fani-Kayode on Sunday evening, said he needed some time to study the case-file so as prepare adequately for his client’s defence.

    He is taking over from Chief Ifedayo Adedipe (SAN), who represented Fani-Kayode when he was arraigned.

    Quakers said: “I’m coming into this matter for the first time. I was briefed yesterday (Sunday) evening. I need time to study the case.

    “That aside, I had applied to enable I and the prosecution counsel to see the judge in chambers. It’s imperative that parties approach the court in chambers.

    “It is our duty to protect the dignity of the court. The rules allow the court to hear certain applications in chambers. We owe it a duty to protect the court from embarrassment.

    “I have at my possession facts that will assist the court to determine whether to proceed or not,” he said.

    Usman’s lawyer, Chief Ferdinand Orbih and Danjuma’s lawyer, S. I. Ameh (SAN), did not oppose the application.

    They also urged court to give Quakers time to prepare for the case having just been briefed.

    But, EFCC’s lawyer, Nkereuwem Anana, said while Fani-Kayode reserved the right to change counsel at any time, it should not impede trial.

  • Fani-Kayode’s ex-wife becomes new Ghanaian president’s PA

    Top Nigerian-Ghanaian socialite, Saratu Atta, is enjoying life at the moment. Like happy Chrysanthemum leaves sway merrily to the music of the wind, she is living life with supreme confidence borne of a self-assurance that good things will come her way.

    And just on Thursday last week, the ex-wife of Femi Fani-Kayode was appointed as personal assistant to Ghana’s new president, Nana Akufo-Addo. The surprise announcement has since generated excited conversations across the two countries.

    The 53-year- old Saratu Atta is the daughter of a former governor of old Kwara State, Alhaji Adamu Atta and a Ghanaian mother. She was briefly married to Femi Fani-Kayode. The two got married in 1987 and had a daughter the same year before their divorce in 1993.

    Since her appointment, Saratu has been the happy recipient of a deluge of congratulatory messages from Ghanaians and Nigerians alike. Interestingly, Remi, the elder sister of the Politics and International Studies graduate of the University of Warwick, UK, was once married to Akufo-Addo. The marriage lasted a decade before it was dissolved. But Saratu had served Akufo-Addo in various capacities since 2008 when she became the campaign secretary of Ghana’s New Patriotic Party (NPP) on whose back Nana eventually rode to power.