On an application filed by a former Minister of Aviation, Femi Fani-Kayode, who was to be arraigned on Tuesday by the Lagos Command of the Economic and Financial Crimes Commission, Justice O.O Abike-Fadipe of the Special Offences Court in Ikeja, Lagos State, has reserved ruling until December 17 on an application filed by a former Minister of Aviation, Femi Fani-Kayode, who was to be arraigned on Tuesday
The former minister’s arraignment was postponed on Tuesday after his lawyer challenged the court’s jurisdiction to hear the case.
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Fani-Kayode was scheduled to be arraigned on a 12-count charge relating to the purchase of a medical report from one Dr Ogieva Oziegbe with inventory number 00345.
The procuring and execution of documents under false pretense, according to EFCC prosecutor Rotimi Oyedepo, is a violation of section 369 of the Lagos State Criminal Law of 2015. Oyedepo had urged the court to accept the defendant’s plea.
Fani-counsel, Kayode’s Wale Balogun, argued against the prayer, noting that the defense team had filed an application challenging the court’s jurisdiction to hear the case.
“That you, Femi Fani-Kayode, on or about the 11th day of October, 2021, in Lagos, within the jurisdiction of this Honourable Court, by fraudulent representation, procured one Dr. Ogieva Ozeigbe to execute a document titled: “Medical Report on Olufemi Fani-Kayode/60 Years/Male/Hospital No.00345,” according to an EFCC release. Dated November 10, 2021, and purportedly issued by Kubwa General Hospital.”
“That you, Femi Fani-Kayode, on or about the 23rd day of March, 2021, in Lagos, within the jurisdiction of this Honourable Court, procured one Dr. Ogieva Ozeigbe to execute a document titled: To Whom It May Concern: RE- Femi Fani-Kayode, Male/ 60 Years/ Hospital No. 32145 Dated 23rd March, 2021 and purportedly issued by Kubwa
The defendant’s lawyer, Wale Balogun, told the court that the defense had been informed about the arraignment on Friday, December 10, 2021.
He also informed the court that on Monday, December 13, 2021, he filed an application challenging the court’s jurisdiction to hear the arraignment.
Rotimi Oyedepo, the prosecution’s counsel, confirmed receipt of the defense’s application in court in his response.
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“The pendency or mere filing of an objection to the charge will not prevent your Lordship from taking the defendant’s plea,” he told the court. Your lordship has the option of assuming jurisdiction or declining it.”
As a result, he urged the court to proceed with the defendant’s arraignment.
Justice Fadipe deferred ruling on the defendant’s application until Friday, December 17, 2021, after hearing both sides.
