The Lagos State Special Offences Court in Ikeja has acquitted former Minister of Aviation, Femi Fani-Kayode, of all forgery charges brought against him by the Economic and Financial Crimes Commission (EFCC). The court’s decision underscores the challenges faced by prosecuting agencies in substantiating allegations of forgery and highlights the importance of robust evidence in securing convictions.

Background of the Case

The EFCC had arraigned Fani-Kayode on December 14, 2021, accusing him of forging medical reports to evade court appearances in an ongoing N4.9 billion fraud case. The prosecution alleged that Fani-Kayode procured a false medical report from one Dr. Ogieva Oziegbe, which was purportedly presented before the Federal High Court in Lagos. The charges included procuring and using false documents, offenses punishable under Section 88(1)(a) of the Criminal Law of Lagos State 2015.

Prosecution’s Efforts and Challenges

During the trial, the EFCC called seven witnesses and presented various documents in an attempt to establish Fani-Kayode’s culpability. However, the prosecution faced significant hurdles, including the absence of key witnesses who could directly link the defendant to the alleged forgery. Notably, the prosecution did not produce testimonies from the defendant’s associates who allegedly collected money on his behalf or the lawyer who was purportedly instructed to submit the medical reports to the Federal High Court.

Defense’s No-Case Submission

In response to the prosecution’s case, Fani-Kayode’s counsel, Wale Balogun (SAN), filed a no-case submission, arguing that the EFCC had failed to establish a prima facie case against the defendant. The defense contended that the evidence presented was insufficient to warrant the defendant being called to enter a defense, emphasizing the lack of direct evidence linking Fani-Kayode to the alleged forgery.

Court’s Ruling

Justice Olubunmi Abike-Fadipe, presiding over the case, upheld the no-case submission. In her ruling, she stated, “I have carefully studied the evidence of the prosecution witnesses and I cannot find where the defendant committed the offenses being alleged.” She further noted that the extrajudicial statements presented could not be used substantively against the defendant, as they were not corroborated by in-court testimonies. Consequently, the judge concluded that the prosecution had failed to establish a prima facie case, leading to Fani-Kayode’s discharge and acquittal.

Fani-Kayode’s Reaction

Following the verdict, Fani-Kayode expressed profound relief and gratitude. Addressing journalists, he remarked, “I have been in and out of court for the past 18 years, and I feel overjoyed that I am finally free.” His statement reflects the prolonged legal battles he has faced and underscores the personal toll of extended judicial proceedings.

Implications of the Verdict

This acquittal has several noteworthy implications:

1. Legal Precedent: The case underscores the necessity for prosecuting agencies to present compelling and direct evidence when alleging forgery. The absence of key witnesses and direct links can significantly weaken the prosecution’s case.
2. Judicial Integrity: The ruling highlights the judiciary’s role in upholding the principle that an accused person is innocent until proven guilty. It emphasizes the court’s duty to ensure that convictions are based on solid evidence rather than presumptions.
3. Public Perception: High-profile acquittals can influence public trust in both prosecuting agencies and the judiciary. While some may view the acquittal as a failure of the EFCC to effectively prosecute, others may see it as a testament to the judiciary’s independence and commitment to justice.

Conclusion

The acquittal of Femi Fani-Kayode marks a pivotal moment in his legal journey and serves as a reminder of the rigorous standards required in criminal prosecutions. It underscores the importance of thorough investigations and the presentation of concrete evidence in court. As Fani-Kayode moves forward, this verdict may have lasting impacts on his personal and political life, while also influencing future prosecutorial approaches in similar cases.