An Ikeja Special Offences Court on Tuesday discharged and acquitted Femi Fani-Kayode, former Minister of Aviation, of a medical report forgery charge.
The Economic and Financial Crimes Commission (EFCC) had on November 11, 2021, charged Fani-Kayode with 12 counts, including procuring of documents by false pretences, using false documents, fabricating evidence, and using fabricated evidence.
He pleaded not guilty, and after the evidence of the prosecution witnesses, filed a no case submission.
While delivering judgement on the no-case submission, Justice Olubunmi Abike-Fadipe held that the prosecution failed to establish a prima facie case against the defendant.
She said that the prosecution failed to establish a link between the defendant and the offences charged
According to her, the prosecution did not present the defendant’s associates, who allegedly collected money from him, or the lawyer, who allegedly stated that the defendant instructed his law firm to take the medical reports to the Federal High Court.
The judge ruled: “The remaining extrajudicial statements, intended as evidence, can only be used to contradict the person who made the statement when they testify in the witness box.
“I have carefully studied the evidence of the prosecution witnesses and I can not 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.
“As to the issue of costs, the defendant is at liberty to file an action report, and should do so in private.”
The judge consequently discharged and acquitted the defendant of the alleged offences.
EFCC had alleged that the medical reports presented by Fani-Kayode as proof of his health status were fake.
The prosecution called seven witnesses who testified against the former minister, and closed its case.
However, on December 7, 2024, Fani-Kayode filed a no-case submission, and stated that the prosecution had failed to establish the charge against him.
The alleged offences violates Sections 88(1), 365(3), 366 and 369 of the Criminal Law of Lagos, 2015.
