EFFC Files 14 New Charges Against Kwara Ex-Governor AbdulFatah, Ex-Finance Commissioner Over Alleged N5.78 Billion Fraud

Ilorin,  Kwara State- The Economic and Financial Crimes Commission (EFCC) has filed 14 fresh charges against former Kwara State Governor Abdulfattah Ahmed and his Commissioner of Finance, Mr Ademola Banu, in connection with an alleged N5.78 billion fraud.

The charges were brought before a Kwara State High Court on Monday, with Justice Mahmud Abdulgafar presiding.

The charges stem from accusations of diversion and misappropriation of public funds intended for various state projects and security initiatives.

This re-arraignment follows the EFCC’s withdrawal of the case from the Federal High Court in Ilorin last week, necessitated by the transfer of the trial judge, Justice Evelyn Anyadike, to another division.

Ahmed and Banu were initially arraigned on a 12-count charge of mismanagement of public funds on April 29, 2024, where they both pleaded not guilty. However, due to the transfer of the presiding judge, the case will start anew in the High Court.

While all 14 counts name ex-Governor Ahmed, only 13 include Banu, who is notably absent from count 7.

The count accuses Ahmed alone of failing to complete an assets declaration form provided by EFCC officers upon his arrest, an offense that carries a potential five-year prison sentence under Section 27(3) of the Economic and Financial Crimes Commission (Establishment) Act No. 1 of 2004. The legal proceedings will continue as the EFCC seeks to hold the defendants accountable for their alleged financial misconduct.

Abdulfatah is accused of misappropriating a total of N1,610,730,500.00 (One Billion, Six Hundred and Ten Million, Seven Hundred and Thirty Thousand, Five Hundred Naira) intended for the security and administration of the state by chartering private jets through Travel Messengers Limited. This action allegedly violates Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000, which carries corresponding penalties.

However, the former governor and his finance commissioner are alleged to have colluded to embezzle funds designated for paying the salaries of teachers at the Kwara State Universal Basic Education Board, as well as for providing security and other essential infrastructure for the state’s residents.

According to the Count, “That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), on or about 14 January, 2015 in Ilorin, within the jurisdiction of this Honourable Court, did illegally spend the sum of N1,000,000,000.00 (One Billion Naira) to pay Salaries of civil servants in Kwara State which sum was originally domiciled in the Kwara State Universal Basic Education Board (SUBEB) Matching Grant account and which sum formed part of the funds allocated for the execution of the projects stated in the action plan for the year 2013 and approved by the Universal Basic Education Board (UBEC) and you thereby committed an offence contrary to section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.”

“That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), between 25th July, 2016 and 7th September, 2016 in Ilorin, within the Jurisdiction of this Honourable Court, in such capacity having dominion over certain property, to wit; the sum of N990,545,883.64 (Nine Hundred and Ninety Million, Five Hundred and Forty-Five Thousand, Eighty Hundred and Eighty-Three Naira and Sixty-Four Kobo), committed criminal breach of trust in respect of the said sum, when you dishonestly transferred the said sum from the Kwara SUBEB Matching Grant account into Polaris Bank for the repayment of loan facilities granted to the Kwara State Government by the said bank contrary to the direction of the Compulsory Free Universal Basic Education Act, 2004, and you thereby committed an offence contrary to section 315 of the Criminal Code and punishable under the same section.”

During Monday’s proceedings, Rotimi Jacobs, SAN, counsel for the EFCC, informed the court that a 14-count charge dated October 15, 2024, had been prepared and filed on that same date.

“We urge your Lordship to accept the charge and allow it to be read to the defendants.”

In response, lead counsel for the first and second defendants, Kamaldeen Ajibade, SAN, and Gboyega Oyewole, SAN, expressed no objections to the application. Consequently, Justice Abdulgafar approved the application, instructing that the charges be read to the defendants.

Upon the charges being presented, both defendants pleaded not guilty. Following this, the defense counsel, through a separate application for each client, requested the court’s permission to make oral applications for their clients’ bail.

They urged the court to allow the continuation of the previously granted bail, emphasizing that the case had been ongoing since 2019 and that the defendants had consistently complied with the administrative bail conditions set by the Commission. They argued that all the charges against their clients were bailable and requested the court to exercise its discretion in favor of granting bail.

In ruling on the applications, Justice Abdulgafar granted bail to the former governor, Abdulfatah, and his former Commissioner of Finance, Banu, in the sum of N100 million each, requiring two sureties for each defendant. One of the sureties must be a serving or retired permanent secretary in the state.

However, the case has been adjourned for hearing on December 4 and 5, 2024.