THE Special Offences Court sitting in Ikeja, Lagos, has acquitted and discharged a former Minister of Aviation, Femi Fani-Kayode, of the charge of medical forgery levelled against him by the Economic and Financial Crimes Commission (EFCC).
Justice Olubumni Abike-Fadipe who freed the former minister while delivering ruling on the no case submission filed by his counsel held that the prosecution failed to establish a prima facie case against him.
The court upheld the no case-submission filed by his counsel, Norrison Quakers (SAN) and ruled that Fani-Kayode had no case to answer as the EFCC did not link him to the offence.
In her ruling, Justice Abike Fadipe said that the prosecution failed to present the defendant’s associates who collected money from him or the lawyer who claimed that the defendant had instructed his law firm to take the medical reports to the Federal High Court.
The judge said: “The extrajudicial statements which remain, and which are intended as evidence, cannot be used for any purpose other than to contradict the person who made the statement when he is in the witness box.
“I have carefully studied the evidence of the prosecution witnesses and I cannot find where the defendant committed the offences being alleged.
“The prosecution has failed to establish a prima facie case which would require the defendant to open his defence.”
The judge consequently acquitted and discharged the defendant on the alleged offences.
Speaking to journalist after his discharge, Fani-Kayode expressed gratitude and relief on the verdict, stating that he has been in and out of court for the past 18 years and he feels overjoyed that he is finally free.
Before the court, Fani-Kayode was facing 12 a count charge brought against him by the EFCC following his alleged use of forged medical report(s), which he tendered before Justice Daniel Osiagor of the Federal High Court sitting in Ikoyi, Lagos, where he was being prosecuted by the EFCC for an alleged N4.9billion fraud.
One of the counts reads: “That you, Femi Fani-Kayode, on or about the 11th day of October, 2021 in Lagos, within the jurisdiction of this Honourable Court, by fraudulently used a false document titled: Medical Report on Olufemi Fani-Kayode 60 Years/Male/Hosp. No. 00345 DATED 11/10/2021 before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016 which document you purported to have been issued by Kubwa General Hospital.”
Another count reads: “That you, Femi Fani-Kayode, on or about the 23rd day of March, 2021 in Lagos, within the jurisdiction of this Honourable Court, fraudulently used a false document titled: To Whom It May Concern Re: Femi Fani-Kayode Male/60 Years Hospital. No. 32145 Dated 23rd March 2021 before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016 which document you purported to have been issued by Kubwa General Hospital.”
The EFCC noted that procuring and execution of documents by false pretence is contrary to section 369 of the Criminal Law of Lagos State 2015.
During the trial, the management of Kubwa General Hospital, Abuja had denied admitting Femi Fani-Kayode as one of its patients.
Through its head of medical records, Bassey Amah, the hospital management told Justice Olubunmi Abike-Fadipe that a medical report presented in court by the former minister was not issued by the hospital.
Amah who testified before the court as first prosecution witness in the case said that Fani-Kayode is not a patient and has no medical report in the hospital.
A second prosecution witness, Abidat Bukola told the court how the former Minister of Aviation, allegedly gave her N820,000 to procure 4 forged medical reports.
The witness testified that Fani-Kayode at different times paid her the sums of N120,000, N150,000, N250,000 and N300,000 for the forged medical reports.
She also claimed that the former minister dictated what the content of the medical reports should be.
The former minister, however, denied the allegations.
In December 2024, he filed a no case submission and urged the court to acquit him while submitting that the prosecution had failed to establish the charge against him.