A former Kwara State governor and an ex-commissioner have been hit with fresh charges related to a N5.78 billion fraud, as authorities intensify efforts to prosecute financial misconduct.
The Economic and Financial Crimes Commission (EFCC) has initiated 14 fresh charges against former Kwara State Governor Abdulfattah Ahmed and his Finance Commissioner, Mr. Ademola Banu, concerning an alleged N5.78 billion fraud.
The case, focusing on the misappropriation of public funds, was presented to Justice Mahmud Abdulgafar at the Kwara State High Court.
The charges arise from accusations of redirecting and mismanaging funds intended for important state projects and security. This new arraignment comes after the EFCC chose to withdraw the case from the Federal High Court in Ilorin, following the reassignment of Justice Evelyn Anyadike, who was presiding over it previously.
In April 2024, Abdulfattah and Banu were initially charged with a 12-count indictment to which they entered pleas of not guilty. The EFCC alleges that they diverted funds meant for teachers’ salaries, state security, and infrastructure projects.
Notably, it is alleged that Abdulfattah used over N1.6 billion of state funds to charter private jets.
One of the charges stated, “That you, ABDULFATAH AHMED (while serving as Governor of Kwara State) and ADEMOLA BANU (then Commissioner of Finance for Kwara State), on or around January 14th, 2015 in Ilorin within this Court’s jurisdiction, unlawfully utilized N1 billion to pay civil servants’ salaries. This amount was originally held in the Matching Grant account managed by the Kwara State Universal Basic Education Board (SUBEB). It was intended for projects outlined in the action plan approved by UBEC for 2013. By doing so, you committed an offense under section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000 which is punishable accordingly.”
Between July 25, 2016, and September 7, 2016, in Ilorin within the jurisdiction of this court, you ABDULFATAH AHMED (then Governor of Kwara State) and ADEMOLA BANU (then Commissioner of Finance for Kwara State), were entrusted with funds amounting to N990,545.883.64 from the SUBEB Matching Grant account. It is alleged that you breached your duty by transferring these funds dishonestly to Polaris Bank as repayment for loans owed by the Kwara State Government instead of adhering to directives outlined in the Compulsory Free Universal Basic Education Act of 2004. This act constitutes a criminal breach of trust contrary to section 315 on Criminal Code thus punishable under said law provisions too.”
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When the case was brought up on Monday, EFCC’s counsel, Rotimi Jacobs, SAN, informed the court that a 14-count charge had been prepared and filed on October 15, 2024.
“We respectfully request that your Lordship accept the charge and permit it to be read to the defendants.”
The lead counsels for the first and second defendants, Kamaldeen Ajibade, SAN, and Gboyega Oyewole, SAN, responded by expressing no objection to the application.
As a result, Justice Abdulgafar approved the application and directed that the charges be presented to the defendants.
The pair pleaded not guilty to all their respective charges when they were read aloud.
Subsequently, the defense attorneys filed a separate application on behalf of their clients, requesting permission from the court to make oral applications for the defendants’ bail.
They urged the Court to maintain their clients’ previously granted bail, arguing that since the case began in 2019, the defendants had been on administrative bail issued by the Commission and had never violated its terms.
They requested that the court use its discretion to grant bail to the first and second defendants, emphasizing that all charges against them are eligible for bail.
In his decision on the applications, Justice Abdulgafar granted bail to former Governor Abdulfatah and his ex-Commissioner of Finance, Banu. Each was required to post N100 million in bail with two guarantors each. One of these guarantors must be a current or retired permanent secretary from the state.
The case was postponed to December 4 and 5, 2024, for additional hearings.
