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“The prosecution has failed to establish a prima facie case which would require the defendant to open his defense”

Court Acquits Femi Fani-Kayode of Forgery Charges

The Special Offences Court in Ikeja, Lagos, acquitted and discharged former Minister of Aviation, Femi Fani-Kayode, of medical forgery charges brought against him by the Economic and Financial Crimes Commission (EFCC) on Tuesday.

Justice Olubunmi Abike-Fadipe delivered the ruling after considering the no-case submission filed by Fani-Kayode’s counsel, Norrison Quakers (SAN). The court determined that the prosecution failed to establish a prima facie case against him, concluding that Fani-Kayode had no case to answer as the EFCC did not adequately link him to the offense.

Fani-Kayode was faced with 12 counts related to the alleged use of a forged medical report presented before Federal High Court judge Daniel Osiagor in Lagos. This case is part of ongoing allegations against him regarding a purported N4.9 billion fraud dating back to 2012.

The EFCC alleged that on October 11, 2021, Fani-Kayode fraudulently used a false document titled “Medical Report on Olufemi Fani-Kayode, 60 Years/Male/Hospital No. 00345, Dated 11/10/2021” before the Federal High Court, Lagos Judicial Division, in case number FHC/L/251C/2016. The document was allegedly falsely claimed to have been issued by Kubwa General Hospital in Abuja.

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According to the EFCC, procuring and using documents through false pretenses is a violation of Section 369 of the Criminal Law of Lagos State 2015. During the trial, the management of Kubwa General Hospital denied that Fani-Kayode had ever been admitted as a patient there.

Besey Amah, the head of medical records at the hospital, who testified as the first prosecution witness in the case, said that Mr Fani-Kayode was not a patient and had no medical report in the hospital.

A second prosecution witness, Abidat Bukola, told the court how the former Minister of Aviation allegedly gave her N820,000 to procure forged medical reports.

The witness testified that Mr Fani-Kayode at different times paid her the sums of N120,000, N150,000, N250,000 and N300,000 for the forged medical reports.

She also claimed that the ex-minister dictated what the content of the medical reports should be.

The former minister, however, denied the allegations.

The judge said that the prosecution failed to present the defendant’s associates who allegedly collected money from him or the lawyer who allegedly stated that the defendant had instructed his law firm to take the medical reports to the Federal High Court.

“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,” the judge said.

“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 defense.

“As to the issue of costs, the defendant is at liberty to file an action report and do so in private,” the judge ruled.

The judge consequently discharged and acquitted the defendant of the alleged offences. Read More

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