The Lagos State Special Offences Court in Ikeja has acquitted a former Minister of Aviation, Femi Fani-Kayode, of the charge of forging a medical report, an allegation levelled against him by the Economic and Financial Crimes Commission (EFCC).
The judge, Olubumni Fadipe, handed down the decision in a ruling on the defendant’s no-case submission, contending that the prosecution failed to establish a prima facie case against him.
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Backstory
The politician faced 12 counts brought against him by the EFCC, following his alleged use of a forged medical report which he tendered before a Federal High Court judge in Lagos, Daniel Osiagor, where he is being prosecuted since 2012 by the anti-graft agency for an alleged N4.9billion fraud.
EFCC alleged in the case that on 11 October 2021, Mr Fani-Kayode fraudulently used a false document titled: MEDICAL REPORT ON OLUFEMI FANI-KAYODE 60 YEARS/MALE/HOSP. NO. 00345 DATED 11/10/2021 before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016 which document he purported to have been issued by Kubwa General Hospital in Abuja.
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Another count alleged that on 23 March 2021, the former minister fraudulently used a false document titled: TO WHOM IT MAY CONCERN RE: FEMI FANI-KAYODE MALE/60 YEARS HOSPITAL. NO. 32145 DATED 23 March 2021 before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016, which document he also purported to have been issued by Kubwa General Hospital, in Abuja.
According to the EFCC, procuring and using documents by false pretence is contrary to section 369 of the Criminal Law of Lagos State 2015.
During the trial, the management of Kubwa General Hospital, Abuja denied admitting Mr Fani-Kayode as one of its patients.
Besey Amah, the head of medical records at the hospital, who testified as the first prosecution witness in the case, said that Mr Fani-Kayode was not a patient and had no medical report in the hospital.
A second prosecution witness, Abidat Bukola, told the court how the former Minister of Aviation allegedly gave her N820,000 to procure forged medical reports.
The witness testified that Mr Fani-Kayode at different times paid her the sums of N120,000, N150,000, N250,000 and N300,000 for the forged medical reports.
She also claimed that the ex-minister dictated what the content of the medical reports should be.
The former minister, however, denied the allegations.
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Acquittal
The judge said that the prosecution failed to present the defendant’s associates who allegedly collected money from him or the lawyer who allegedly stated that the defendant had instructed his law firm to take the medical reports to the Federal High Court.
“The extrajudicial statements which remain, and which 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,” the judge said.
“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 defense.
“As to the issue of costs, the defendant is at liberty to file an action report and do so in private,” the judge ruled.
The judge consequently discharged and acquitted the defendant of the alleged offences.
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