By Adewale Banjo
The Economic and Financial Crimes Commission (EFCC) has submitted a counter-affidavit before the Federal High Court, Ilorin, Kwara State, seeking to dismiss complaints filed by former finance commissioner, Ademola Banu, against the bench warrant issued for his arrest.
The EFCC had, on Friday, February 23, 2024, filed charges against former governor of Kwara State, Abdulfatah Ahmed and Banu, who served 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 Evelyn Ayandike, the EFCC had expressly informed the court that Banu jumped administrative bail granted him by the commission, adding that all efforts to reach him proved abortive.
The EFCC also submitted that intelligence report revealed that Banu absconded to the United Kingdom after getting information that the former governor had been invited and detained.
On the strength of these assertions, lead counsel for the anti-graft agency, Rotimi Jacob, had urged the court to issue a bench warrant for Banu’s arrest, which was consequently granted.
He urged the court to rely on Section 83 of the Administration of Criminal Justice Act (ACJA) to issue a summon against his surety, Salami Bashiru Ola and/or a bench warrant for the arrest of the second defendant (Banu).
Sequel to the 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 EFCC were untrue and misleading.
In an affidavit sworn to on his behalf by Aisha Mahmud, a copy of which 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.
Based on the passport and the e-ticket attached to the application, Banu clarified that he returned to Nigeria on February 6, 2024, and has been in the country, while the EFCC had claimed he was in the United Kingdom.
Banu also described as incorrect, the submission made by the EFCC that he was not reachable, as 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 and invitation by the EFCC after being declared as an acquitted defendant on November 18, 2020, by the court in the previous suit with case Number FHC/IL/24C/2019.
He said previous charges preferred against Banu, a firm, the Travel Messenger, and one 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 Ahmed and himself.
In the counter-affidavit, the EFCC said the previous charges, in the suit with case Number, FHC/IL/24C/2019, were withdrawn as a result of their inability to join Ahmed as a co-defendant because he had then enjoyed immunity from prosecution.
Meanwhile, Banu, in the fresh affidavit filed to respond to the lines of arguments presented by the EFCC, submitted that the excuses given by EFCC for withdrawing the previous charges, were a misrepresentation of facts because Ahmed had left office and no longer enjoyed immunity from prosecution as of the time the first charges in case Number FHC/IL/24C/2019 were filed on October 19, 2019.
The EFCC had, in its counter-affidavit, also alleged that Banu authorised the payment of N411 million to Travel Messenger Ltd from a N1 billion loan said to have been obtained by the Kwara State Government in 2019.