COURT CLEARS FANI-KAYODE OF FORGERY CHARGES
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The Special Offences Court in Ikeja, Lagos, on Tuesday, acquitted former Aviation Minister Femi Fani-Kayode of medical forgery charges filed by the Economic and Financial Crimes Commission (EFCC).
Justice Olubumni Abike-Fadipe, ruling on the no-case submission made by Fani-Kayode’s lawyer, stated that the prosecution had failed to present a prima facie case against him. Consequently, the court concluded that Fani-Kayode had no case to answer regarding the allegations.
The ruling, which was covered by Channels TV, effectively brought an end to the forgery case against the former minister.
Justice Abike-Fadipe also noted that the prosecution had not provided evidence linking Fani-Kayode to the offense, failing to present witnesses or the lawyer who claimed that Fani-Kayode instructed his law firm to submit medical reports to the Federal High Court.
The judge said: “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.
“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 defence.”
The judge subsequently acquitted and discharged Fani-Kayode of the alleged offenses.
Speaking to journalists after the ruling, Fani-Kayode expressed his gratitude and relief, mentioning that after 18 years of facing legal battles, he was overjoyed to finally be free.
Fani-Kayode had been facing 12 charges brought by the EFCC, related to his alleged use of forged medical reports submitted before Justice Daniel Osiagor of the Federal High Court in Ikoyi, Lagos, where he was also being prosecuted for an alleged N4.9 billion fraud.
One of the counts reads: “That you, Femi Fani-Kayode, on or about the 11th day of October 2021 in Lagos, within the jurisdiction of this Honourable Court, by fraudulently used a false document titled: Medical Report on Olufemi Fani-Kayode 60 Years/Male/Hosp. No. 00345 DATED 11/10/2021 before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016 which document you purported 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, fraudulently used a false document titled: To Whom It May Concern Re: Femi Fani-Kayode Male/60 Years Hospital. No. 32145 Dated 23rd March 2021 before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016 which document you purported to have been issued by Kubwa General Hospital.”
The EFCC pointed out that the procurement and execution of documents through false pretenses violates Section 369 of the Criminal Law of Lagos State 2015.
During the trial, the management of Kubwa General Hospital in Abuja denied ever admitting Femi Fani-Kayode as a patient.
Bassey Amah, the head of medical records at the hospital, testified before Justice Olubunmi Abike-Fadipe, stating that the medical report presented by Fani-Kayode in court had not been issued by the hospital. Amah further confirmed that Fani-Kayode was not a patient there and did not have any medical report on file.
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Additionally, a second prosecution witness, Abidat Bukola, testified that Fani-Kayode allegedly paid her N820,000 to obtain four forged medical reports. She detailed that at various times, Fani-Kayode paid N120,000, N150,000, N250,000, and N300,000 for these forged documents.
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