December 14, (THEWILL) – The trial of former Aviation Minister, Femi Fani-Kayode over alleged procurement of fake medical reports, was on Tuesday stalled at the Special Offences Court in Ikeja, .
Fani-Kayode was on Tuesday brought before Justice O.O Abike-Fadipe by the Economic and Financial Crimes Commission (EFCC) for arraignment.
THEWILL had reported that the EFCC had quizzed Fani-Kayode on November 23, over allegations of fraud, including forgery.
According to the EFCC, the former Aviation Minister through one Dr Ogieva Oziegbe procured fake medical reports on various occasions to avoid attending his trial at the Lagos Division of the Federal High Court.
“He procured the false medical reports on Jan 31, 2018, May 30, 2019, Nov 24, 2020, March 23, Oct 11″, the EFCC had alleged.
Fani-Kayode was to be arraigned by the EFCC over a 12-count charge of procuring execution of documents by false pretence. Other charges include use of false documents, fabricating evidence, use of fabricated evidence.
But his Counsel, Wale Balogun challenged the jurisdiction of the court to hear the criminal suit.
“We filed before your lordship an application bordering on your lordship’s jurisdiction to entertain an arraignment”, he said.
Balogun noted that the alleged offences occurred in Abuja and a Lagos court does not have jurisdiction to hear the suit.
Opposing the submission, EFCC Counsel, Rotimi Oyedepo said that merely filing an objection to a charge will not prevent a court from taking a plea.
“It is elementary that what triggers your lordship’s jurisdiction in a criminal proceeding is the taking of the plea so your lordship can now assume or decline jurisdiction.
“Section 393(2) of the Administration of Criminal Justice Act 2015 states that the defendant being tried on an information can raise an objection to a charge or information only after the plea has been taken”, he said.
Oyedepo urged the court to dismiss the defence’s application on the grounds that it is an attempt to frustrate the trial because the defendant was charged under the Lagos laws and can only be tried in Lagos.
Justice O.O Abike-Fadipe adjourned the case to Dec. 17 for ruling.
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