The Kwara State High Court has granted the immediate past governor of Kwara state, Abdulfatah Ahmed, N100m bail in the case of alleged misappropriation of public funds to the tune of N5.78bn.
Ahmed, who was governor of the state between May 2011 to May 2019, is facing a 15-count charge bordering on allegations of diversion of state funds, criminal breach of trust, etc. brought against him by the Economic and Financial Crimes Commission (EFCC).
The ex-Kwara Governor was re-arraigned alongside his former Finance Commissioner, Demola Banu, after being charged with diverting Universal Basic Education (UBEC) funds for other purposes.
The former governor was initially granted N50m bail on February 23, after being arraigned before Justice Evelyn Anyadike of the Federal High Court, Ilorin, on 12-count charges bothering on alleged diversion of funds to the tune of N9b from the Kwara State government account.
However, the presiding judge was transferred to another division in the course of the trial, which meant the case had to start all over.
When the case was called up on Monday, counsel to the EFCC, Rotimi Jacobs, a Senior Advocate of Nigeria, informed the court that a 14-count charge dated October 15, 2024, was prepared and filed on the same date.
After the charges were read to the defendants, they pleaded not guilty.
The lead counsel to the first and second defendants, Kamaldeen Ajibade and Gboyega Oyewole, both Senior Advocates, sought the leave of the court to move oral applications for the bail of the defendants.
They pleaded with the Court to allow their clients to continue on the administrative bail formerly granted to them having not jumped the former bail
In the ruling, the court granted Ahmed and the former commissioner bail in the sum of N100m each with two sureties in like sum.
The presiding judge, Justice Mahmood Abdulgafar, subsequently fixed December 3 for the commencement of trial.
One of the surety must be a serving or retired permanent secretary in the state.
The case was adjourned till December 4 and 5, 2024, for further hearing.
The fresh 14 counts against the defendants, have the name of ex-governor Ahmed featured, but Banu’s name did not appear in count 7 where only Ahmed was accused of failure to fill assets declaration form offered to him by officers of the EFCC upon arrest contrary to Section 27(3)(c) of the Economic and Financial Crimes Commission (Establishment) Act No. 1 of 2004, which is an offence punishable with a term of 5 years imprisonment under Section 27(3) of the same Act.
Ahmed, among sundry issues, allegedly spent an aggregate sum of N1,610,730,500.00 (One Billion, Six Hundred and Ten Million, Seven Hundred and Thirty Thousand, Five Hundred Naira), meant for the security and administration of the state to charter private jets through Travel Messengers Limited, contrary to Section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.
Some of the other charges include; “That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), on or about 14 January 2015 in Ilorin, within the jurisdiction of this Honourable Court, did illegally spend the sum of N1,000,000,000.00 (One Billion Naira) to pay Salaries of civil servants in Kwara State which sum was originally domiciled in the Kwara State Universal Basic Education Board (SUBEB) Matching Grant account and which sum formed part of the funds allocated for the execution of the projects stated in the action plan for the year 2013 and approved by the Universal Basic Education Board (UBEC) and you thereby committed an offence contrary to section 22(5) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.
“That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), on or about 14th January 2015 in Ilorin, within the jurisdiction of this Honourable Court, in such capacity having dominion over certain property, to wit: the sum of N1,000,000,000.00 (One Billion Naira), committed criminal breach of trust in respect of the said sum, when you dishonestly transferred the said sum from the Kwara State Universal Basic Education Board (SUBEB) Matching Grant account into the Kwara State Pension Salary account domiciled with Polaris Bank for the payment of salaries of civil servants in Kwara State contrary to the direction of the Compulsory Free Universal Basic Education Act, 2004, and you thereby committed an offence contrary to section 315 of the Criminal Code and punishable under the same section.
“That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), between 25th July 2016 and 7th September 2016 in Ilorin, within the jurisdiction of this. Honourable Court, did illegally spend an aggregate sum of N990,545,883.64 (Nine Hundred and Ninety Million, Five Hundred and Forty-Five Thousand, Eighty Hundred and Eighty-Three Naira and Sixty- Four Kobo) to pay Salaries of civil servants in Kwara State which sun was originally domiciled in the Kwara State Universal Basic Education Board (SUBEB) Matching Grant account and which sum formed part of the funds allocated for the execution of the projects stated in the action plan for the year 2014 and approved by the Universal Basic Education Board (UBEC) and you thereby committed an offence contrary to section 22(5) of the Corrupt Practices and Other Related Offences Act. 2000 and punishable under the same section.” the charges read.