Hammed Shittu in Ilorin
A former Finance Commissioner in Kwara State, Hon. Ademola Banu, has filed an software/movement on the Federal Excessive Courtroom, Ilorin, to vacate the bench warrant for his arrest by the Financial and Monetary Crimes Fee (EFCC), arguing that the information introduced to the courtroom by the EFCC have been unfaithful and deceptive.
Banu additionally denied alleged authorization of the cost of sum of N411 million to journey company for chartered flight for former Governor Abdulfatah Ahmed.
Recall that the EFCC had on Friday, February 23, 2024, filed expenses in opposition to a former Governor of Kwara State, Mr. Abdulfatah Ahmed and Hon. Ademola Banu, who served as Commissioner for Finance throughout his administration, over offences bordering on alleged cash laundering within the case quantity: FHC/IL/18C/2024 (FRN vs. Abdulfatah Ahmed & Anor.)
Through the courtroom session presided over by Justice Evelyn Anyadike, the EFCC knowledgeable the courtroom that Banu jumped administrative bail granted to him by the fee and all efforts to achieve him proved abortive.
The EFCC had additionally submitted that intelligence report had revealed that Banu absconded to the UK after getting info that Ahmed had been invited and detained.
On the energy of those assertions, lead counsel for the anti-graft company, Mr. Rotimi Jacob (SAN), had urged the courtroom to problem a bench warrant for Banu’s arrest, which was consequently granted.
Jacob urged the courtroom to depend on Part 83 of the Administration of Felony Justice Act (ACJA) to problem a summon in opposition to his surety, Salami Bashiru Ola and/or a bench warrant for the arrest of the second defendant (Banu).
Nevertheless, sequel to this growth, Banu had on Monday, February 26, 2024, filed an software/movement asking the courtroom to vacate the bench warrant for his arrest, arguing that the information introduced to the courtroom by the anti-graft company have been unfaithful and deceptive.
In an affidavit that was sworn on his behalf by Aisha Mahmud, a duplicate of which was made out there to journalists in Ilorin yesterday, Banu famous that opposite to the assertions and allegations made by the EFCC, he had left the nation for the US on December 21, 2023, to see his household and in addition attend to his well being.
From the passport and the e-ticket connected to the Software, Banu clarified that he returned to Nigeria on February 6, 2024, and has been within the nation whereas the EFCC had claimed that he was in the UK.
He additionally described as incorrect the submission made by the EFCC that he was not reachable, saying that every one his cell phones have been lively even whereas he was in the US of America.
The previous Finance commissioner additionally asserted that the difficulty of leaping bail didn’t come up as a result of there was no new investigation and invitation by the EFCC after getting him declared as an acquitted defendant on November 18, 2020, by the courtroom within the earlier Swimsuit with case Quantity FHC/IL/24C/2019.
He mentioned: “It was additionally famous that the earlier expenses most well-liked in opposition to Ademola Banu, the Journey Messenger, and one Mr. Adeyemi in Swimsuit Quantity FH/IL/24C/2019, which have been withdrawn by EFCC resulting in his acquittal by the courtroom are much like the present/extant expenses contained within the case No: FHC/IL/18/2024 in opposition to Abdulfatah Ahmed and himself.”
In the meantime, the Ilorin zonal command of the EFCC has submitted its counter-affidavit earlier than the Federal Excessive Courtroom, Ilorin, Kwara State, and the anti-graft company is in search of to dismiss the complaints filed by Mr. Ademola Banu in opposition to the bench warrant issued for his arrest by the courtroom in query.
Within the counter-affidavit, the EFCC asserted that the earlier expenses within the go well with with case Quantity FHC/IL/24C/2019 have been withdrawn on account of their incapability to affix ex-Governor Abdulfatah Ahmed as a co-defendant as a result of he had then loved immunity from prosecution.
“Within the meantime, Hon. Banu within the contemporary affidavit filed to reply to the traces of arguments introduced by the EFCC, submitted that the reasons given by EFCC for withdrawing the earlier expenses have been a misrepresentation of information as a result of Abdulfatah Ahmed had left workplace and not loved immunity from prosecution as on the time the primary expenses in case Quantity FHC/IL/24C/2019 have been filed on October 19, 2019.
“Abdulfatah, the previous commissioner famous, had left workplace on Might 29, 2019.
“The EFCC had in its counter-affidavit additionally alleged that Ademola Banu authorised the cost of N411 million to Journey Messenger Restricted from N1billion mortgage mentioned to have been obtained by the Kwara State Authorities in 2019.
“Ademola Banu within the contemporary affidavit, nevertheless, described this as mischievous and incorrect and he has connected a memo from the Authorities Home exhibiting that it was the everlasting secretary, Authorities Home, who received an approval of the then governor for N254 million to be paid to the Journey Messenger Restricted in conformity with their demand discover for providers rendered to the state authorities.
“Banu had additionally connected a duplicate of the Memorandum of Understanding dated January 10, 2012, executed between the State Authorities and Journey Messenger Restricted for chartered flights and the related Memo of the Kwara State’s everlasting secretary.
“Opposite to EFCC’s justification for withdrawing the sooner case, Ademola Banu additionally submitted that the second and the third Defendants within the earlier case, i.e. Journey Messenger and Mr. Adeyemi respectively, petitioned the administration crew of the EFCC by way of connected letter dated August 21, 2020 titled/headed: ‘Re: Software of the Case In opposition to Mr. Ademola Adeyemi and Journey Messengers Restricted in Cost NO: THC/IL/24C/2019-Federal Republic of Nigeria V. Olarewaju Ademola Adeyemi & 2 ORS” that the case was baseless with none benefit and known as for a overview of the case on the benefit.
“After the overview, the quick previous administration crew of the EFCC had based on investigations found that the earlier expenses contained in case Quantity FHC/IL/24C/3019 have been baseless with none benefit and had consequently granted the request made by way of the petition and directed that the costs within the go well with with case Quantity FHC/IL/24C/ 2019 be withdrawn from courtroom; that the lien on the checking account of Journey Messenger Restricted alleged to have warehoused the laundered funds must be lifted and that the beneficiary must be allowed to make the most of the fund.
“Mr. Ademola Banu had additionally connected a letter despatched to the Inspector Normal of the Nigeria Police pressure and all different safety companies by the controller basic of the Immigration Providers asking that the identify of Ademola Banu must be faraway from the watch checklist as he has been cleared by the EFCC by way of a letter with ‘ref: CR:3000/EFCC/ILR/BF/VOL.1/055 dated January 13, 2021.’”
The date for the listening to of the movement to vacate the bench warrant issued for Banu’s arrest has not been fastened whereas the substantive case was adjourned till April 29 and 30, 2024, by Justice Evelyn Anyadike on February 23, 2024.