Former Minister of Aviation, Femi Fani-Kayode on Wednesday escaped going to jail, in what might have been a big trouble for him, after he failed to appear in court for his re-arraignment.
TheNewsGuru.com (TNG) reports the court, a Federal High Court in Lagos rather ordered Fani-Kayode to pay a fine of N200,000 for being absent in the court.
The court had asked counsel to Fani-Kayode, Mr F. Ajudua to choose between revoking the bail of the second defendant or paying the fine.
The defence counsel, however, chose the fine option, saving Fani-Kayode from going to jail if his bail was revoked.
Fani-Kayode’s saving grace was that the prosecution counsel did not press that the bail of the former minister be revoked.
He was absent from the court on the excuse of having a bed rest, according to his counsel.
The court, presided over by Justice D. E Osaigor noted that having gone through the court’s file, he had noted five different letters seeking adjournment on the same medical grounds.
The court, consequently, ordered that the defendant pays a cost of N200,000 or stands the risk of having his bail revoked and sent to jail.
Recall that the Economic and Financial Crimes Commission (EFCC) charged Fani-Kayode alongside a former Minister of State for Finance, Nenandi Usman .
Also charged is Yusuf Danjuma, a former Chairman of the Association of Local Governments of Nigeria (ALGON) and a company, Jointrust Dimentions Nigeria Ltd.
EFCC preferred a 17-count charge of N4.6billion money laundering against them before Justice Mohammed Aikawa.
They had each pleaded not guilty to the charges and were granted bails.
Trial had begun before Justice Aikawa and witnesses were still being led in evidence, until Aikawa was transferred out of the Lagos jurisdiction.
The charge was consequently, assigned to a new judge, Justice Osaigor, and the defendants were scheduled for re-arraignment on Wednesday.
When the case was called on Wednesday, Mrs Bilikisu Buhari announced appearance for the prosecution.
Mr I.J Ogechukwu appeared for first defendant, Mr. B.F Ajudua appeared for second defendant, and Y. Olabode appeared for third and fourth defendants, holding the brief of Mr. O Clement.
The prosecutor then informed the court that on July 15, the prosecution had moved the court to adjourn the matter for a re-arraignment of the defendant.
She told the court that however, on Oct. 11, the prosecution received a letter from the second defendant informing them that he had been given bed rest.
The prosecutor told the court that these letters by the second defendant had become numerous and also an excuse for him to evade court.
“This is the third time he will be writing this type of letter from the same hospital. Whenever he doesn’t want to attend court, this is the type of letter we get,” she said
But, Fani-Kayode’s counsel, Ajudua, cut in and informed the court that although the defendant’s illness was a recurring one, the defendant had nonetheless attended court regularly, adding that this can be shown from the court’s records.
He urged the court to kindly grant an adjournment in favor of the second defendant.
At this point, the trial judge decided to go through the court’s file, and after searching, the court discovered that the second defendant had actually sought similar medical excuses five times.
The court then asked the defence counsel to take one of two options which were: to either revoke the bail of the second defendant or to impose a fine of N200,000 to be paid before the next trial date.
However, the defence counsel chose the later option.
In a short ruling, the court held: “From my records the second defendant had written the court five times excusing his trial on medical grounds
“Feb. 1, 2018, May 30, 2019, Nov. 24, 2020, March 21, 2021 and today’s letter dated Oct. 9, 2021.
“The second defendant is to pay a cost of N200,000 before the next adjourned date, as the recurring medical excuses has been a pattern that slows this trial,” he said.
The court consequently, adjourned the case until Nov. 30 for re-arraignment of the defendants.
In the charge, the defendants were alleged to have committed the offences between January and March 2015.
In counts one to seven, they were alleged to have unlawfully retained over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption.
In counts eight to 14, the defendants were alleged to have unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.
Meanwhile in counts 15 to17 Fani-Kayode and one Olubode Oke who is said to be at large, were alleged to have made cash payments of about N30 million, in excess of the amount allowed by law, without going through a financial institution.
Besides, Fani-Kayode was alleged to have made payments to one Paste Poster Co (PPC) of No 125 Lewis St., Lagos, in excess of amounts allowed by law.juui
All offences were said to have contravened the provisions of sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money laundering (prohibition) (Amendment) Act, 2012.