Fani-Kayode In Supreme Court Over N230 million fraud
The planned re-arraignment of the former Minister of Aviation, Chief Femi Fani-Kayode before a Federal High Court sitting in Lagos yesterday suffered a setback following an appeal he instituted before the Supreme Court against the decision of the Appeal Court to admit his statement of account as exhibit.
The Economic and Financial Crimes Commission (EFCC) had slammed a 47-count charge of alleged money laundering and economic crime estimated at N230 million against the ex-minister before the court.
Fani-kayode, who was arraigned before Justice Ramat Mohammed on December 23, 2008, was said to have committed the economic crime while serving as Nigeria's Aviation Minister and later Culture and Tourism.
The during the cause of the trial the EFCC had attempted to tender Fani-kayode�s statement of account, but the move was strongly opposed by the defence lawyers led by Ladi Williams (SAN) on the ground that the document sought to be tendered was not admissible in law considering the provisions of the Evidence Act.
Justice Mohammed had while ruling on the arguments, upheld Williams� submission and rejected to admit the statement of account as exhibit.
Dissatisfied with the decision, the EFCC filed a notice of appeal at the Lagos division of the Court of Appeal, saying the fraud case could not be proved without the statement of account being admitted as exhibit.
In a well considered ruling, the Justices of the Appeal court had upheld the appeal filed by the EFCC, and directed that Fani-Kayode's statement of account be admitted as exhibit in the matter.
When the matter came up on Monday for mention before Justice Binta Murtala-Nyako, the new judge now hearing the case following the transfer of Justice Mohammed, it could not go on owing to the motion before the Supreme Court.
The matter was consequently adjourned to December 15.
Fani-Kayode hinged the motion before the Supreme Court on seven grounds, arguing that the Justices of the court of Appeal misdirected themselves and committed grave miscarriage of justice by directing that the statement of account should be admitted as exhibit in the matter.
According to the motion, Fani-kayode wants the apex court to upturn the decision of the Court of appeal on the statement of account, arguing that the Appeal court departed from the decision of the Supreme Court in the case of Yesufu Vs. A.C.B (1976), 1 All NLR, 264.
He contended that no provision was made for the admissibility of a computer generated bank statement in the Evidence Act of 2004, and urged the Supreme Court to so hold.
Reply With Quote
Bookmarks