The Economic and Financial Crimes Commission (EFCC) has initiated new legal proceedings against Abdulfatah Ahmed, the former Governor of Kwara State, and Ademola Banu, the state’s former Commissioner of Finance.
This development, which occurred on Monday, comes as the two face 14 fresh charges linked to an alleged fraud amounting to N5.78 billion. These charges were filed in a Kwara State High Court under the oversight of Justice Mahmud Abdulgafar.
The EFCC alleges that both Ahmed and Banu engaged in the illegal diversion and misuse of public funds intended for various projects and security measures within Kwara State.
These new charges have emerged following the withdrawal of an earlier case against the defendants in the Federal High Court in Ilorin last week. The previous trial was halted due to the transfer of Justice Evelyn Anyadike, who was overseeing the case, to a different division.
Initially, Ahmed and Banu were arraigned on April 29, 2024, facing a total of 12 charges concerning the mishandling of public funds. At that time, they both pleaded not guilty. However, due to the transfer of the presiding judge, the trial must now restart from the beginning.
All 14 counts in the new charges name Ahmed, but Banu’s name is absent from one specific charge. This charge relates to Ahmed’s alleged failure to complete an assets declaration form provided by EFCC officials at the time of his arrest, which is a violation of the Economic and Financial Crimes Commission (Establishment) Act of 2004. If found guilty of this particular offense, Ahmed could face up to five years in prison.
Among the allegations, it is claimed that Ahmed improperly used an amount of N1,610,730,500 (over one billion Naira) that was designated for state security and administration to hire private jets through a company called Travel Messengers Limited. This action is said to violate the Corrupt Practices and Other Related Offences Act, 2000.
The charges indicate that both Ahmed and Banu are accused of conspiring to misappropriate funds that should have been used for paying teachers employed by the Kwara State Universal Basic Education Board and for providing essential security and infrastructure for the state’s residents.
In one of the charges, it states: “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.”
Another charge details, “That you, ABDULFATAH AHMED and ADEMOLA BANU, between 25th July 2016 and 7th September 2016 in Ilorin, 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.”
During the court session, EFCC lead counsel Rotimi Jacobs, SAN, presented the new 14-count charge, urging Justice Abdulgafar to accept it and allow it to be read to the defendants. The defense counsels, Kamaldeen Ajibade, SAN, and Gboyega Oyewole, SAN, did not oppose this request. As a result, the charges were read to Ahmed and Banu, who both pleaded not guilty.
Following their pleas, the defense lawyers applied for bail on behalf of their clients, noting that the case has been ongoing since 2019. They argued that the defendants had previously been granted administrative bail and had complied with all requirements. They requested that the court continue the bail granted earlier, as all charges against them are bailable.
Justice Abdulgafar ruled in favor of the bail application, setting the terms at N100 million for each defendant, requiring two sureties each. One of the sureties must be a serving or retired permanent secretary in the state. The court has scheduled the next hearing for December 4 and 5, 2024.
