James Godwin Reporting
The Special Offences Court sitting in Ikeja, Lagos, has acquitted and discharged a former Minister of Aviation, Femi Fani-Kayode, of the charge of medical forgery levelled against him by the Economic and Financial Crimes Commission (EFCC).
Justice Olubumni Abike-Fadipe who freed the former minister while delivering ruling on the no case submission filed by his counsel held that the prosecution failed to establish a prima facie case against him.
The court upheld the no case-submission filed by his counsel, Norrison Quakers (SAN) and ruled that Fani-Kayode had no case to answer as the EFCC did not link him to the offence.
In her ruling, Justice Abike Fadipe said that the prosecution failed to present the defendant’s associates who collected money from him or the lawyer who claimed that the defendant had instructed his law firm to take the medical reports to the Federal High Court.
The judge said: “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.
“I have carefully studied the evidence of the prosecution witnesses and I cannot 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 defence.”
The judge consequently acquitted and discharged the defendant on the alleged offences.
Speaking to news men after his discharge, Fani-Kayode expressed gratitude and relief on the verdict, stating that he has been in and out of court for the past 18 years and he feels overjoyed that he is finally free.
Before the court, Fani-Kayode was facing 12 a count charge brought against him by the EFCC following his alleged use of forged medical report(s), which he tendered before Justice Daniel Osiagor of the Federal High Court sitting in Ikoyi, Lagos, where he was being prosecuted by the EFCC for an alleged N4.9billion fraud.