Judge Withdraws From Fani-Kayode, Usman’s N4.9b Fraud Case
Justice Muslim Hassan of the Federal High Court in Lagos yesterday withdrew from the trial of two former ministers, Femi Fani-Kayode and Senator Nenadi Usman, accused of a N4.9bn fraud by the Economic and Financial Crimes Commission (EFCC).
Justice Hassan held, while ruling on an application filed by Fani-Kayode alleging that he is bias against him (Fani-Kayode), said that the former Minister of Aviation failed to establish the allegation, pointing however that he is handing off the trial in the interest of justice.
The judge therefore ordered that the case file should be return to the Chief Judge of the Federal High Court, Justice Ibrahim Auta, for re-assignment to another judge.
The court then directed Fani-Kayode and his co-accused persons to go and await further directive from Justice Auta.
Fani-Kayode, Senator Usman, a firm, Joint Trust Dimensions Limited and one Danjuman Yusuf were arraigned before the court by EFCC for allegedly stealing and laundering about N4.9bn.
They were docked on June 28, 2016 on a 17-count charge bordering on conspiracy, stealing, corruption and making cash payments exceeding the amount authorized by law.
They all pleaded not guilty to the charge.
After their arraigned the accused persons had filed separate applications challenging the court’s jurisdiction and also seeking the transfer of the case to Abuja.
Specifically, Fani-Kayode had urged the judge to withdraw himself from the pending proceedings before him because of the likelihood of bias, having drafted a charge in a financial crime matter as a staff of a prosecutorial agency now having to prosecute yet again a financial crime before him.
However in his ruling, Justice Hassan Sule held that Fani-Kayode failed to establish the allegation that he will be biased while conducting the trial.
The judge noted that though he prepared the charge that Fani-Kayode was tried in 2008, he never participated in the prosecution of the charge, saying the former minister was prosecuted by Festus Keyamo.
Justice Sule said: “it is not in dispute that I signed the charge, as the head of legal, but I never prosecuted or participated in the prosecution of the charge.”
“The defendant/applicant has not shown proof of bias or likelihood of being biased in the case,” the judge stated.
Justice Hassan, however, held that he will exercise caution, by transferring the case file to the Chief Judge of the Court, for reassignment to another judge.
He said, “The law is trite, in the light of all that I have said above, I am satisfied that the best thing to do is to refer the case file to the Chief Judge for reassignment to another judge.”
“Having declined jurisdiction based on the fear or apprehension of the second defendant that he will not get fair trial and since the defendants are on joint trial any other pronouncement made by this honourable court in respect of venue and severance of the charge and other issues raised in the applications of the first and third defendants will be an exercise in futility and an academic exercise,” the judge held.
