LINUS CHIBUIKE
A Federal High Court in Abuja, on Wednesday, declined an application for the issuance of a bench warrant against a former Minister of Aviation, Femi Fani-Kayode.
Lawyer to the Prosecution in Fani-Kayode’s
alleged money laundering trial, Mohammed Abubakar, had argued, when the case came up on Wednesday, that the defendant was plotting to evade trial, having been absent in court on two previous occasions (January 22 and October 23, 2020).
He therefore applied for the revocation of the bail earlier granted Fani-Kayode and the issuance of a bench warrant for his arrest. He also prayed the court to summon his surety to appear before the court and show cause why he should not forfeit the bail bond he provided.
The Peoples Democratic Party chieftain was also absent on Wednesday.
His lawyer, Wale Balogun, however, objected to the prosecution’s request, arguing that Fani-Kayode was absent in court on account of ill-health. He presented a medical report from Kubwa General Hospital, Abuja, to this effect.
According to him, doctors advised his client to be on bed rest until December 4, 2020.
There had also been a misrepresentation of the date of the hearing, which he said was erroneously communicated to his client as Thursday.
The former minister is being tried by the Economic and Financial Crimes Commission on a five-count charge, bordering on diversion of N26million allegedly received from the Office of the National Security Adviser under Col. Sambo Dasuki (retd).
He is also accused of handling the said N26m without going through a financial institution as stipulated in the Money Laundering Act.
Having heard from both sides at the resumed hearing, Justice John Tsoho held that the court was satisfied with the explanations given by the defence lawyer on the absence of the defendant and held that his absence on two previous occasions were justified.
He said there was no reason to grant the prosecution’s application, considering the medical report, signed by Dr. Michael O.
He however did not admit the argument by the defence lawyer on a misrepresentation of hearing date by the defendant’s lawyer.
He adjourned till February 23 and 24, 2021, for the continuation of trial.
