By Chibuike Nwabuko
Abuja (Sundiata Post) – Counsel to Chief Femi Fani-Kayode, Mrs. Patience Omoike-Mark has refuted the misrepresentation by the Economic and Financial Crimes Commission (EFCC) and a section of the media (Sundiata Post not included), that the Federal High Court in Lagos ordered that the case number FHC/L/251C/16, FRN v NENADI ESTHER USMAN & 3 Ors should be transferred to Abuja for refiling and re-charging and that our clients passport should be handed over to the EFCC.
The legal Counsel, in a statement she personally signed and made available to Sundiata Post, said: “Contrary to media reports Justice Isiagwu of the Federal High Court in Lagos did NOT order that the matter should be transferred to Abuja for refiling and re-charging and neither did he order that our clients passport should be handed over to the EFCC.”
“The Learned Judge simply ordered that the case be struck out and that our client’s passport should be returned to him.”
The statement which has the court order attached to it reads in full:
STATEMENT ON THE VICTORY OF CHIEF FEMI FANI-KAYODE AGAINST THE EFCC AT THE FEDERAL HIGH COURT IN LAGOS.
We refer to case number FHC/L/251C/16, FRN v NENADI ESTHER USMAN & 3 ORS.
The matter, wherein we represent the 2nd defendant, came up on the 25th of April 2023.
The court was informed of the judgment of the Court of Appeal quashing the charge in the Federal High Court Lagos on the issue of lack of jurisdiction.
The court ordered that all exhibits be released to the defendants upon our application for the defendant’s passport.
Contrary to media reports these are the facts and this is what happened at the Federal High Court in Lagos yesterday.
We wish to state the following in order to clarify the situation and let the Nigerian public know the truth.
It is an unfortunate that the EFCC and elements in the Nigerian media misrepresented the position of the proceedings at the Federal High Court in Lagos yesterday in respect of the now terminated criminal case that was filed and prosecuted by the EFCC over the last seven years against our client Chief Femi Fani-Kayode.
Contrary to media reports Justice Isiagwu of the Federal High Court in Lagos did NOT order that the matter should be transferred to Abuja for refiling and re-charging and neither did he order that our clients passport should be handed over to the EFCC.
The Learned Judge simply ordered that the case be struck out and that our client’s passport should be returned to him.
This was after an earlier judgement last Thursday by the Court of Appeal in which the same the same charges against our client had been quashed.
As at today there is no case in respect of these charges in the court against our client and after 7 years of prosecution we are not only grateful to the courts for administering justice in a courageous, fair and just manner but we are also overjoyed at the fact that what can only be described as yet another 7 year ordeal has been brought to an end. It is clear that the interest of the EFCC in the life of our client is obsessive.
They prosecuted him from 2008 till 2015 on politically-motivated, bogus spurious and trumped up charges and after 7 years he was discharged and acquitted by Justice Rita Ofili Ajumogobia of the Federal High Court in Lagos.
One year later in 2016 they went after him again and charged him on yet another set of politically-motivated and spurious charges again at the Federal High Court in Lagos and last Thursday, which was again 7 years later, all those charges have been quashed by the Court of Appeal.
It is instructive to also mention the fact that they are prosecuting him in two other courts, at the Ikeja High Court in Lagos and the Federal High Court in Abuja respectively, for again what we consider to be spurious and politically motivated charges.
Despite their loss at the Court of Appeal last week and the decision of the learned and distinguished Court of Appeal judges to quash all the charges, if the EFCC deems it fit to go to an Abuja court after 7 years of unsuccessfully prosecuting the same matter in Lagos and wasting taxpayers money to refile the case and start the matter all over again that is their prerogative.
In the event of them doing so we shall of course meet them in court and resist them with as much vigour, skill and aggression as we have done over the last 14 years in their quest to destroy and jail our client who is totally innocent of any wrongdoing.
Whatever they choose to do in the future, as at now the matter is completely dead, they have lost the case, the charges have been quashed and the matter has been thrown out.
All the media manipulation, fake reports, falsehood and fabrications in the world cannot change that.
We have applied for the certified true copies of the judgements and rulings in both courts and once we have them we shall release them to the public.
Meanwhile we urge the Media to be more circumspect in their reporting and not allow themselves to be used to misrepresent the position of the court.
Signed: Mrs. Patience Omoike-Mark, Counsel to Chief Femi Fani-Kayode.
