Former Finance Commissioner in Kwara State, Ademola Banu, filed an application/ motion on Monday asking the Federal High Court to vacate the bench warrant for his arrest by the Economic and Financial Crimes Commission (EFCC), arguing that the facts presented to the court by the EFCC were untrue and misleading.
Recall that the EFCC filed charges on Friday, February 23, 2024, against the former governor of Kwara state, Alhaji Abdulfatah Ahmed, and Hon. Ademola Banu, who served as Commissioner for Finance during his administration, over offences bordering on alleged money laundering in the case number; FHC/IL/18C/2024 (FRN vs. Abdulfatah Ahmed & Anor.).
During the court session presided over by Justice Evelyn Anyadike, the EFCC informed the court that Ademola Banu jumped the administrative bail granted to him by the commission, saying that all efforts to reach him had proved abortive.
The EFCC had also submitted that an intelligence report revealed that Ademola Banu absconded to the United Kingdom after getting information that Alhaji Abdulfatah Ahmed had been invited and detained. On the strength of these assertions, lead counsel for the anti-graft agency, Rotimi Jacob SAN, had urged the court to issue a bench warrant for Ademola Banu’s arrest, which was consequently granted.
He had urged the court to rely on Section 83 of the Administration of Criminal Justice Act (ACJA) to issue a summons against his surety, Salami Bashiru Ola, and/or a bench warrant for the arrest of the second defendant (Banu).
Sequel to this development, Banu had on Monday, February 26, 2024, filed an Application/Motion asking the court to vacate the bench warrant for his arrest, arguing that the facts presented to the court by the antigraft agency were untrue and misleading.
In an affidavit that was sworn to on his behalf by Aisha Mahmud, a copy of which was made available to The Nigerian Tribune, Banu noted that contrary to the assertions and allegations made by the EFCC, he had left the country for the United States on December 21, 2023, to see his family and also attend to his health.
From the passport and the e-ticket attached to the application, Ademola Banu clarified that he returned to Nigeria on February 6, 2024, and has been in the country while the EFCC had claimed that he was in the United Kingdom.
Mr. Ademola Banu also described as incorrect the submission made by the EFCC that he was not reachable, saying that all his mobile phones were active even while he was in the United States of America.
The former Finance Commissioner also asserted that the issue of jumping bail did not arise because there was no new investigation or invitation by the EFCC after being declared an acquitted defendant on November 18, 2020, by the court in the previous suit with case number FHC/IL/24C/2019.
“It was also noted that the previous charges preferred against Ademola Banu, the Travel Messenger, and one Mr. Adeyemi in Suit Number FH/IL/24C/2019, which were withdrawn by EFCC leading to his acquittal by the court, are similar to the current/extant charges contained in the case No. FHC/IL/18/2024 against Abdulfatah Ahmed and himself.
Meanwhile, the Ilorin zonal command of the EFCC has submitted its counter-affidavit before the Federal High Court, Ilorin, Kwara State, and the anti-graft agency is seeking to dismiss the complaints filed by Mr Ademola Banu against the bench warrant issued for his arrest by the court in question.
In the counter-affidavit, the EFCC asserted that the previous charges in the suit with case number FHC/IL/24C/2019 were withdrawn as a result of their inability to join Alhaji Abdulfatah Ahmed as a co-defendant because he had then enjoyed immunity from prosecution.
“In the meantime, Ademola Banu, in the fresh affidavit filed to respond to the lines of arguments presented by the EFCC, submitted that the excuses given by the EFCC for withdrawing the previous charges were a misrepresentation of facts because Abdulfatah Ahmed had left office and no longer enjoyed immunity from prosecution as at the time the first charges in case number FHC/IL/24C/2019 were filed on October 19, 2019.
“Abdulfatah, the former commissioner noted, had left office on May 29, 2019.
“The EFCC had in its counter-affidavit also alleged that Ademola Banu authorised the payment of N411 million to Travel Messenger Ltd. from a one billion naira loan said to have been obtained by the Kwara State Government in 2019.
“Ademola Banu, in the fresh affidavit, however, described this as mischievous and incorrect, and he has attached a memo from the Government House showing that it was the Permanent Secretary, Government House, who got the approval of the then governor for N254 million to be paid to the Travel Messenger Limited in conformity with their demand notice for services rendered to the State Government.
“Banu had also attached a copy of the Memorandum of Understanding dated January 10, 2012, executed between the State Government and Travel Messenger Ltd. for chartered flights, and the relevant Memorandum of the Kwara State Permanent Secretary.
“Contrary to the EFCC’s justification for withdrawing the earlier case, Ademola Banu also submitted that the second and third defendants in the previous case, i.e., Travel Messenger and Mr Adeyemi, respectively, petitioned the management team of the EFCC through an attached letter dated August 21, 2020, titled/headed ‘RE: APPLICATION FOR REVIEW OF THE CASE AGAINST MR. ADEMOLA ADEYEMI AND TRAVEL MESSENGERS LTD. IN CHARGE NO: THC/IL/24C/2019-FEDERAL REPUBLIC OF NIGERIA V. OLAREWAJU ADEMOLA ADEYEMI & 2 ORS’. that the case was baseless without any merit and called for a review of the case on the merit.
“After the review, the immediate past management team of the EFCC, according to investigations, discovered that the previous charges contained in case number FHC/IL/24C/3019 were baseless without any merit and consequently granted the request made through the petition and directed that the charges in the suit with case number FHC/IL/24C/2019 be withdrawn from court, that the lien on the bank account of Travel Messenger Ltd. alleged to have warehoused the laundered funds should be lifted, and that the beneficiary should be allowed to utilise the fund.
“Mr Ademola Banu had also attached a letter sent to the Inspector General of the Nigeria Police Force and all other security agencies by the Controller General of the Immigration Services asking that the name of Ademola Banu be removed from the watchlist as he has been cleared by the EFCC through a letter with ‘ref: CR: 3000/EFCC/ILR/BF/VOL.1/055 dated January 13, 2021’”.
The date for the hearing of the motion to vacate the bench warrant issued for Banu’s arrest has not been fixed, while the substantive case was adjourned until April 29 and 30, 2024, by Justice Evelyn Anyadike on February 23, 2024.
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