Justice Olubunmi Abike-Fadipe of the Special Offences Court sitting in Ikeja, Lagos on Tuesday cleared Femi Fani-Kayode, the former Aviation Minister, of medical forgery charges after the Economic and Financial Crimes Commission (EFCC) failed to establish a prima facie case against him.
The judge acquitted and discharged him on Tuesday, while delivering a ruling on the no-case submission filed by his counsel, Mr. Norrison Quakers (SAN).
Abike-Fadipe rule that the prosecution failed to provide sufficient evidence to support a prima facie case, as they could not establish a link between him and the alleged offence.
“The extrajudicial statements which remain, and 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 said.
Fani-Kayode, in an interview with newsmen, said he was overjoyed to have finally secured his freedom after an arduous 18-year court battle.
The EFCC had filed a 12-count charge against Fani-Kayode, accusing him of using forged medical reports, which he allegedly submitted before Justice Daniel Osiagor of the Federal High Court in Ikoyi, Lagos, in a separate case involving 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. №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.”
The EFCC alleged that his actions, specifically procuring and executing documents by false pretence, violated Section 369 of the Criminal Law of Lagos State, 2015.
During the trial, the management of Kubwa General Hospital in Abuja denied ever admitting him as a patient.
The hospital’s head of medical records, Mr. Bassey Amah, also testified that the hospital did not issue the medical report presented by the ex-minister.
Fani-Kayode served as Special Assistant on Public Affairs to President Olusegun Obasanjo from July 2003 to June 2006.
He later held two ministerial positions, first as Minister of Culture and Tourism from June to November 2006, and then as Minister of Aviation from November 2006 to May 2007.
