Justice O.O Abike-Fadipe of the Special Offences Court sitting in Ikeja, Lagos State, has reserved ruling till December 17 on an application filed by a former Minister of Aviation, Femi Fani-Kayode, who was to be arraigned on Tuesday by the Lagos Command of the Economic and Financial Crimes Commission, EFCC.
The arraignment of the former minister was on Tuesday stalled after his lawyer challenged the jurisdiction of the court to hear the case.
Fani-Kayode was set to be arraigned on a 12-count charge which bordered on procurement of medical report from one Dr Ogieva Oziegbe with inventory number 00345.
According to Rotimi Oyedepo the EFCC prosecutor, the procuring and execution of documents by false pretence is contrary to section 369 of the Criminal Law of Lagos State 2015. Oyedepo had urged the court to take the plea of the defendant.
Arguing in his defence, Fani-Kayode’s Counsel, Wale Balogun, opposed the prayer, noting that the defence team had filed an application to challenge the jurisdiction of the court to entertain the matter.
According to a release from the EFCC obtained by SaharaReporters, the counts in the charge against Fani-Kayode partly read, “That you, Femi Fani-Kayode, on or about the 11th day of October, 2021, in Lagos, within the jurisdiction of this Honourable Court, by fraudulent representation, procured one Dr. Ogieva Ozeigbe to execute a document titled: “Medical Report on Olufemi Fani-Kayode/60 Years/Male/Hospital No.00345 Dated 11/10/2021 and purported same to have been issued by Kubwa General Hospital.”
Another count reads: “That you, Femi Fani-Kayode, on or about the 23rd day of March, 2021 in Lagos, within the jurisdiction of this Honourable Court, by fraudulent representation, procured one Dr. Ogieva Ozeigbe to execute a document titled: To Whom It May Concern: RE- Femi Fani-Kayode, Male/ 60 Years/ Hospital No. 32145 Dated 23rd March, 2021 and purported same to have been issued by Kubwa General Hospital.”
At the sitting, counsel to the defendant, Wale Balogun, told the court that the defence was informed about the arraignment on Friday, December 10, 2021.
He also informed the court of an application filed on Monday, December 13, 2021, challenging the jurisdiction of the court to entertain the arraignment.
In his response, the prosecution counsel, Rotimi Oyedepo, confirmed receipt of the application by the defence in court.
He, however, told the court that “the pendency or mere filing of an objection to the charge will not prevent your Lordship from taking the plea of the defendant. Your lordship can assume jurisdiction to decline jurisdiction.”
He, therefore, urged the court to proceed with the arraignment of the defendant.
After listening to both parties, Justice Fadipe reserved ruling on the defendant’s application till Friday, December 17, 2021.
