Bench Warrant : EFCC Files Counter Affidavit As Ex-Kwara Finance Commissioner Insists He Didn’t Jump Bail

The Economic and Financial Crimes Commission (EFCC), Ilorin zonal command, has submitted its counter-affidavit before the Federal High Court, Ilorin, Kwara state, and the anti-graft agency is seeking to dismiss the complaints filed by Mr Ademola Banu against the bench warrant issued for his arrest by the court in question.

Recall that the Economic and Financial Crimes Commission (EFCC) , had on Friday, 23rd February, 2024, filed charges against former governor of Kwara state, Alhaji Abdulfatah Ahmed and Hon Ademola Banu , who served as Commissioner for Finance during his administration, over offences bordering on alleged money laundering in the case number ; FHC/IL/18C/2024 (FRN vs. Abdulfatah Ahmed & Anor.).

During the court session presided over by Justice Evelyn Ayandike , the EFCC had expressly informed the court that Ademola Banu jumped administrative bail granted to him by the commission adding that all efforts to reach him had proved abortive.

The EFCC had also submitted that intelligence report had revealed that Ademola Banu absconded to the United Kingdom after getting information that Alhaji Abdulfatah Ahmed had been invited and detained. On the strength of these assertions , lead counsel for the anti-graft agency, Rotimi Jacob had urged the court to issue a bench warrant for Ademola Banu’s arrest which was consequently granted.

He had urged the court to rely on Section 83 of the Administration of Criminal Justice Act (ACJA) to issue a summons against his surety, Salami Bashiru Ola and/or a bench warrant for the arrest of the second defendant (Banu).

Sequel to this development, Ademola Banu had on Monday, February 26, 2024, filed an Application/Motion asking the court to vacate the bench warrant for his arrest arguing that the facts presented to the court by the EFCC were untrue and misleading.

In an affidavit that was sworn to on his behalf by Aisha Mahmud, a copy of which was made available to our correspondent , Banu noted that contrary to the assertions and allegations made by the EFCC, he had left the country for the United States on the 21st December, 2023, to see his family and also attend to his health.

From the passport and the e-ticket attached to the Application, Ademola Banu clarified that he returned to Nigeria on the 6th of February, 2024, and has been in the country while the EFCC had claimed that he was in the United Kingdom.

Mr. Ademola Banu also described as incorrect submission made by the EFCC that he was not reachable as all his mobile phones were active even while he was in the United States of America.

The former Finance Commissioner also asserted that the issue of jumping bail did not arise because there was no new investigation and invitation by the EFCC after getting declared as an acquitted defendant on 18th November, 2020, by the court in the previous Suit with case Number FHC/IL/24C/2019.

It was also noted that the previous charges preferred against Ademola Banu, the Travel Messenger, and one Mr. Adeyemi in Suit Number FH/IL/24C/2019 which were withdrawn by EFCC leading to his acquittal by the court are similar to the current/extant charges contained in the case No: FHC/IL/18/2024 against Abdulfatah Ahmed and himself.

The EFCC may face an awkward situation during the next court session following the contents of the counter affidavit it has filed a copy of which has been made available to our correspondent .

In the counter- affidavit ,the EFCC asserted that the previous charges in the suit with case Number FHC/IL/24C/2019 were withdrawn as a result of their inability to join Alhaji Abdulfatah Ahmed as a co-defendant because he had then enjoyed immunity from prosecution.

In the meanwhile, Ademola Banu in the fresh affidavit filed to respond to the lines of arguments presented by the EFCC, submitted that the excuses given by EFCC for withdrawing the previous charges were a misrepresentation of facts because Abdulfatah Ahmed had left office and no longer enjoyed immunity from prosecution as at the time the first charges in case Number FHC/IL/24C/2019 were filed on the 19th of October, 2019.

Abdulfatah , the former commissioner noted, had left office on the 29th of May 2019.

The EFCC had in its counter-affidavit also alleged that Ademola Banu authorized the payment of N411m to Travel Messenger Ltd from a One Billion Naira loan said to have been obtained by the Kwara State Government in 2019.

Ademola Banu in the fresh affidavit however described this as mischievous and incorrect and he has attached a Memo from the Government House showing that it was the Permanent Secretary, Government House, who got an approval of the then governor for N254 Million to be paid to the Travel Messenger limited in conformity with their demand notice for services rendered to the State Government.

Banu had also attached a copy of the Memorandum of Understanding dated 10th January, 2012, executed between the State Government and Travel Messenger Ltd for chartered flights and the relevant Memo of the Kwara State Permanent Secretary.

Contrary to EFCC’s justification for withdrawing the earlier case, Ademola Banu also submitted that the second and the third Defendants in the previous case, i.e. Travel Messenger and Mr Adeyemi respectively, petitioned the management team of the EFCC through attached letter dated 21st August, 2020 titled/headed: ‘RE:APPLICATION FOR REVIEW OF THE CASE AGAINST MR. ADEMOLA ADEYEMI AND TRAVEL MESSENGERS LTD. IN CHARGE NO: THC/IL/24C/2019-FEDERAL REPUBLIC OF NIGERIA V. OLAREWAJU ADEMOLA ADEYEMI & 2 ORS’. that the case was baseless without any merit and called for a review of the case on the merit.

After the review, the immediate past management team of the EFCC had according to investigations discovered that the previous charges contained in case Number FHC/IL/24C/3019 were baseless without any merit and had consequently granted the request made through the petition and directed that the Charges in the suit with case Number FHC/IL/24C/ 2019 be withdrawn from court; that the lien on the bank account of Travel Messenger Ltd alleged to have warehoused the laundered funds should be lifted and that the beneficiary should be allowed to utilize the fund.

Mr. Ademola Banu had also attached a letter sent to the Inspector General of the Nigeria Police force and all other security agencies by the Controller General of the Immigration Services asking that the name of Ademola Banu should be removed from the watchlist as he has been cleared by the EFCC through a letter with ‘ref: CR: 3000/EFCC/ILR/BF/VOL.1/055 dated 13th January, 2021’.

The date for the hearing of the Motion to vacate the bench warrant issued for Banu’s arrest has not been fixed while the substantive case was adjourned until 29th and 30th of April 2024, by Justice Evelyn Ayandike on 23rd February ,2024.