The Ilorin Zonal Directorate of the Economic and Financial Crimes Commission (EFCC) has re-arraigned the former governor of Kwara State, Abdulfatah Ahmed, along with his former Finance Commissioner, Ademola Banu, on a 14-count amended charge related to the alleged misappropriation and mismanagement of public funds totaling N5.78 billion.
The re-arraignment took place on Monday before Justice Mahmud Abdulgafar of the Kwara State High Court sitting in Ilorin.
The charges brought against Ahmed and Banu include allegations of stealing, criminal breach of trust, and mismanagement of state resources during Ahmed’s tenure as governor. They were first arraigned on April 29, 2024, on a 12-count charge, but the case was transferred due to the reassignment of the previous judge, Justice Evelyn Anyadike of the Federal High Court, Ilorin. As a result, the trial is starting afresh.
Allegations of Misappropriation and Criminal Breach of Trust
The EFCC’s case against the former governor and his finance commissioner is based on accusations that they conspired to divert funds intended for key state projects, including salaries for teachers working with the Kwara State Universal Basic Education Board (SUBEB) and money allocated for security and infrastructure development.
One of the most prominent charges against Ahmed alleges that he illegally spent over N1.6 billion meant for the state’s security and administrative expenses on private jet charters through a company named Travel Messengers Limited. This expenditure was described as a violation of Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000.
In another charge, Ahmed and Banu are accused of illegally transferring N990.5 million from the SUBEB Matching Grant account into Polaris Bank for the repayment of loans, an action that violated the guidelines of the Compulsory Free Universal Basic Education Act, 2004. The funds, which were supposed to be used for educational projects, were allegedly diverted for other purposes without authorization.
Failure to Declare Assets
In addition to these charges, the former governor is also facing a separate count related to his failure to declare his assets after his arrest by EFCC officers. This count, which does not involve Banu, accuses Ahmed of violating Section 27(3)(c) of the EFCC Act No. 1 of 2004 by not completing his assets declaration as required by law.
Court Proceedings and Bail Conditions
During Monday’s proceedings, the EFCC, represented by Senior Advocate of Nigeria (SAN) Rotimi Jacobs, presented the amended charges to the court and requested that the new charges be read to the defendants. Both Ahmed and Banu, represented by their respective legal counsels, Kamaldeen Ajibade (SAN) and Gboyega Oyewole (SAN), entered pleas of not guilty to all charges.
Following their pleas, the defense teams applied for bail on behalf of their clients, citing that the defendants had been on administrative bail since the case began in 2019 and had not violated any of the conditions. The defense argued that since the charges were bailable offenses, the court should grant them bail pending the commencement of the trial.
Justice Mahmud Abdulgafar granted the bail applications, setting bail for each defendant at N100 million with two sureties. One of the sureties, according to the court, must be a serving or retired permanent secretary. The judge also set December 4 and 5, 2024, as the dates for the trial to officially commence.
Public Reaction and Implications
The re-arraignment of the former governor has generated widespread public interest, especially considering the scale of the alleged financial mismanagement and the impact on Kwara State’s development during Ahmed’s administration. The funds involved were reportedly meant for critical sectors such as education and security, heightening concerns over how these allegations might have affected the welfare of the state’s citizens.
Governor Ahmed served two terms as the governor of Kwara State from 2011 to 2019, succeeding Senator Bukola Saraki. His tenure was marked by both commendation and controversy, and the ongoing trial could have significant implications for his political legacy.
The EFCC’s pursuit of the case has been part of a broader effort by the anti-graft agency to clamp down on corruption in public office, particularly at the state level. The outcome of the trial could set a precedent for how similar cases are handled in the future.
As the trial moves forward, attention will remain focused on the legal arguments and evidence presented by both sides. The case has also raised questions about the integrity of governance in Kwara State during Ahmed’s administration, and the impact such cases could have on public confidence in government accountability.
The trial is expected to draw significant attention when it resumes in December 2024, as the court will hear arguments and evidence concerning the alleged fraudulent activities. Both defendants maintain their innocence.
