The Economic and Financial Crimes Commission (EFCC) has presented 14 new charges against the former Governor of Kwara State, Abdulfatah Ahmed and his former Commissioner of Finance, Ademola Banu.
These charges, amounting to an alleged misappropriation of N5.78 billion, were brought before the Kwara State High Court in Ilorin, with Justice Mahmud Abdulgafar presiding.
The charges accuse Ahmed and Banu of diverting and mismanaging public funds allocated for several state projects and security initiatives.
The charges come following the withdrawal of a previous case from the Federal High Court in Ilorin, where the two had earlier been on trial.
This venue change resulted from the transfer of the presiding judge, Justice Evelyn Anyadike, to another division.
Ahmed and Banu had initially faced a 12-count charge in April 2024, to which they both pleaded not guilty.
In these fresh charges, Abdulfatah Ahmed’s name appears in all 14 counts, but Banu’s name is excluded from one of the counts. This specific count (count 7) accuses Ahmed of failing to complete an assets declaration form provided to him by EFCC officers at the time of his arrest.
This is considered an offense under Section 27(3)(c) of the Economic and Financial Crimes Commission (Establishment) Act No. 1 of 2004, which carries a penalty of up to five years imprisonment under Section 27(3) of the same Act.
One of the more notable accusations involves the former governor allegedly using a total of N1.61 billion, which was intended for security and state administration, to charter private jets through a company called Travel Messengers Limited.
This action allegedly violates Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000, which imposes strict penalties for such offenses.
Ahmed and Banu are also accused of conspiring to steal funds earmarked for various critical needs, such as paying the salaries of teachers employed under the Kwara State Universal Basic Education Board (SUBEB) and for the provision of security and infrastructure within the state.
One of the specific charges reads: “That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), on or about 14 January 2015 in Ilorin, within the jurisdiction of this Honourable Court, did illegally spend the sum of N1,000,000,000.00 (One Billion Naira) to pay Salaries of civil servants in Kwara State, which sum was originally domiciled in the Kwara State Universal Basic Education Board (SUBEB) Matching Grant account.
“This sum formed part of the funds allocated for the execution of projects approved by the Universal Basic Education Board (UBEC) in the 2013 action plan, and you thereby committed an offence contrary to section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000, and punishable under the same section.”
Another charge against them states: “That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), between 25th July, 2016, and 7th September, 2016, in Ilorin, within the Jurisdiction of this Honourable Court, committed criminal breach of trust by dishonestly transferring N990,545,883.64 (Nine Hundred and Ninety Million, Five Hundred and Forty-Five Thousand, Eighty Hundred and Eighty-Three Naira and Sixty-Four Kobo) from the Kwara SUBEB Matching Grant account into Polaris Bank. This sum, originally meant for educational projects, was used to repay loans taken by the Kwara State Government, in violation of the Compulsory Free Universal Basic Education Act, 2004.”
During the court session on Monday, EFCC counsel, Rotimi Jacobs (SAN), presented the new 14-count charge dated October 15, 2024. He requested that the court accept the charges and have them read to the defendants.
The defense counsels, Kamaldeen Ajibade (SAN) and Gboyega Oyewole (SAN), did not oppose the request, and Justice Abdulgafar permitted the charges to be read.
Both Ahmed and Banu pleaded not guilty to all charges. Following the reading of the charges, the defense lawyers applied for bail on behalf of their clients.
They argued that the defendants had been granted administrative bail since the case began in 2019, and they had not violated the conditions of their bail.
They urged the court to continue the bail arrangement, stating that all the offenses were bailable.
Justice Abdulgafar granted their request, admitting both Abdulfatah Ahmed and Ademola Banu to bail in the sum of N100 million each.
The conditions required each of them to provide two sureties, one of whom must be a serving or retired permanent secretary in the state.
The case has been adjourned until December 4 and 5, 2024, for further hearing.
