Justice O. O. Abike-Fadipe of the Special Offences Court sitting in Ikeja, Lagos, on Tuesday, December 14, 2021, reserved ruling on an application filed by a former Minister of Aviation, Femi Fani-Kayode.
The former minister was to be arraigned Tuesday by the Lagos Command of the Economic and Financial Crimes Commission, EFCC, on a 12-count charge bordering on an alleged forgery.
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The case was adjourned to Friday, December 17, 2021 after Counsel to Fani-Kayode, Mr 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 occured in Abuja and a Lagos court does not have jurisdiction to hear the suit.
Opposing the submission, EFCC Counsel, Mr Rotimi Oyedepo said that the merely filing of 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 tried in Lagos.
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 defendant falsely purported before a Federal High Court, Lagos in charge number FHC/L/251C/2016 that the reports were issued by either Kubwa General Hospital or the Federal Ministry of Health, Abuja, Federal Staff Hospital,” Oyedepo said.
The prosecutor said the offences violate Sections 88(1), 365(3), 366 and 369 of the Criminal Law of Lagos 2015.
