Alleged Forgery: Court Frees Fani-Kayode, Says He Has No Case To Answer
The Special Offences Court sitting in Ikeja, Lagos, has acquitted and dismissed a former Minister of Aviation, Femi Fani-Kayode, of the charge of medical forgery made against him by the Economic and Financial Crimes Commission (EFCC).
Justice Olubunmi Abike-Fadipe, who freed the former minister while deciding on his counsel’s no-case argument, concluded that the prosecution failed to build a prima facie case against him.
The court confirmed his counsel’s no-case-submission and decided that Fani-Kayode had no case to answer because the EFCC had not linked him to the offence.
In her verdict, Justice Abike-Fadipe stated that the prosecution neglected to show the defendant’s acquaintances who collected money from him, as well as the lawyer who claimed that the defendant authorised his law company to take the medical reports to the Federal High Court.
The prosecuting attorney responded: “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.”After reviewing the evidence from prosecution witnesses, I am unable to identify where the defendant committed the alleged crimes.
The prosecution failed to prove a prima facie case, requiring the defendant to start their defence.
As a result, the judge found the defendant not guilty and discharged him from the charges.
Speaking to journalists following his release, Fani-Kayode expressed gratitude and relief at the verdict, stating that he has been in and out of court for the past 18 years and is overjoyed that he is finally free.
Fani-Kayode appeared in court facing a 12-count charge brought against him by the EFCC for allegedly using forged medical report(s), which he presented to Justice Daniel Osiagor of the Federal High Court sitting in Ikoyi, Lagos, where he was being prosecuted by the EFCC for 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, 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 you claimed was issued by Kubwa General Hospital.”
Another allegation states: “That you, Femi Fani-Kayode, on or about the 23rd day of March, 2021 in Lagos, within the jurisdiction of this Honourable Court, fraudulently used a false document titled: To Whom It May Concern Re: Femi Fani-Kayode Male/60 Years Hospital.
No. 32145 Dated 23rd March 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 stated that procuring and executing documents under false pretences violates Section 369 of the Lagos State Criminal Law 2015.
During the trial, the management of Kubwa General Hospital in Abuja denied admitting Femi Fani-Kayode as one of its patients.
Through its head of medical records, Bassey Amah, the hospital management told Justice Abike-Fadipe that a medical report given in court by the former minister was not issued by the hospital.
Amah who testified before the court as first prosecution witness in the case claimed that Fani-Kayode is not a patient and has no medical record in the hospital.
Abidat Bukola, a second prosecution witness, claimed that the former Minister of Aviation paid her N820,000 for four forged medical reports.
The witness stated that Fani-Kayode at separate times paid her the sums of N120,000, N150,000, N250,000 and N300,000 for the fake medical reports.
She further stated that the previous minister dictated the contents of the medical reports.
The former minister, however, disputed the charges.
In December 2024, he filed a no-case submission, urging the court to acquit him and claiming that the prosecution had failed to establish the charge against him.