Femi Fani Kayode, a former aviation minister, challenged the jurisdiction of the Lagos Special Crimes Tribunal to hear the 12 charges brought against him by the Economic and Financial Crimes Commission (EFCC).
The EFCC, in a 12-count indictment filed in court, accused Fani-Kayode of submitting a false medical report to a federal high court in Ikoyi.
The anti-graft agency alleged that the former aviation minister hired a certain Ogieva Oziegbe to produce the alleged false medical report.
“Procuring the execution of documents under a false pretext contrary to article 369 of the criminal law of the State of Lagos 2015”, states the indictment.
“Details of the Offense – Count 1 – Whether you Femi Fani-Kayode on or around October 11, 2021 in Lagos in the jurisdiction of this Honorable Court by fraudulent representation provided a Dr. Ogieva Oziegbe to execute a document entitled: MEDICAL REPORT ON OLUFEMI FANI KAYODE 60 YEARS / MALE / HOSP. NO.00345 DATE 11/10/2021 and allegedly issued by Kubwa General Hospital.
“Statement of offense – 2nd count – procuring the execution of documents by a false pretext, contrary to article 369 of the Lagos State Criminal Law 2015
“The details of the offense – 2nd count – that you Femi Fani-Kayode on or around March 23, 2021 in Lagos in the jurisdiction of this Honorable Court by fraudulent representation has enabled a Dr. Ogieva Oziegbe to execute a document titled: TO WHOM IT MAY CONCERN: HPITAL FEMI FANI-KAYODE MEN / 60 YEARS OLD. NO.32145 DATE MARCH 23, 2021 and believed to have been issued by Kubwa General Hospital.
The former aviation minister appeared before OO Abike-Fadipe, a judge of the special offenses court on Tuesday, but the indictment was unable to continue due to the preliminary objection filed by Wale Balogun, his lawyer .
In the preliminary objection, Balogun told the court that he did not have jurisdiction to hear the charge against his client since the alleged offense mentioned in the indictment was committed in Abuja, the capital. from the country.
Fani-Kayode’s lawyer added that the alleged infringement is not of an economic nature, arguing that the EFCC was created to deal with infringements of an economic or financial nature.
Opposing the preliminary objection, Rotimi Oyedepo, counsel for the EFCC, asked the court to first reject the argument of jurisdiction in the matter and to hear the defendant’s plea.
Oyedepo cited section 396 of the Administration of Criminal Justice Act (ACJA) of 2015 to support his argument.
The EFCC lawyer said the court can assume jurisdiction over the matter, adding that the defendant’s plea may trigger the court’s jurisdiction.
Abike-Fadipe, the judge, adjourned her decision on the preliminary objection and the indictment of the accused until December 17.