Femi Fani-Kayode, former minister of aviation, has challenged the jurisdiction of the special offences court sitting in Lagos to hear the 12-count charge levelled against him by the Economic and Financial Crimes Commission (EFCC).
The EFCC, in a 12-count charge filed before the court, accused Fani-Kayode of presenting a false medical report before a federal high court in Ikoyi.
The anti-graft agency alleged that the former aviation minister hired one Ogieva Oziegbe to produce the alleged false medical report.
“Procuring execution of documents by false pretence contrary to section 369 of The Criminal Law of Lagos State 2015,” the charge sheet reads.
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“Particulars of offence — 1st count — 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 Oziegbe to execute a document titled: MEDICAL REPORT ON OLUFEMI FANI KAYODE 60 YEARS/MALE/HOSP. NO.00345 DATED 11/10/2021 and purported same to have been issued by Kubwa General Hospital.
“Statement of Offence — 2nd count — procuring execution of documents by false pretence contrary to section 369 of The Criminal Law of Lagos State 2015
“Particulars of offence — 2nd count — 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 Oziegbe 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.”
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The former aviation minister appeared before O.O. Abike-Fadipe, a judge of the special offences court, on Tuesday, but the arraignment could not proceed owing to the preliminary objection filed by Wale Balogun, his lawyer.
In the preliminary objection, Balogun told the court that it does not have the jurisdiction to entertain the charge against his client since the alleged offence stated in the charge sheet was committed in Abuja, the country’s capital.
Fani-Kayode’s lawyer added that the alleged offence is not an economic-related one, arguing that the EFCC was established to deal with offences that are economic or financial-related.
Objecting to the preliminary objection, Rotimi Oyedepo, counsel to the EFCC, asked the court to first reject the argument of jurisdiction on the matter and hear the plea of the defendant.
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Oyedepo cited section 396 of the Administration of Criminal Justice Act (ACJA) 2015 to support his argument.
The EFCC lawyer said the court can assume jurisdiction on the matter, adding that the plea of the defendant can trigger the jurisdiction of the court.
Abike-Fadipe, the judge, adjourned her ruling on the defendant’s preliminary objection and arraignment till December 17.
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