While the outcome of the request to transfer the trial of former Minister of Aviation, Mr. Femi Fani-Kayode, to another judge is being awaited, Ade Adesomoju reports that another uncertainty beclouds the case
It is still uncertain whether or not Justice Rita Ofili-Ajumogobia, who is currently handling the trial of former Minister of Aviation, Mr. Femi Fani-Kayode, at a Federal High Court, Lagos, will be the one to complete the case.
Before Justice Ofili-Ajumogobia, two other judges had handled the case, yet Mr. Festus Keyamo, who is prosecuting Fani-Kayode for money laundering charges on behalf of the Economic and Financial Crimes Commission, has requested the Chief Judge of the Federal High Court, Justice Ibrahim Auta, to transfer the case to another judge.
While the transfer request is pending, another twist to the case, which makes its future uncertain is that both Fani-Kayode and Keyamo have declared for the newly-registered All Progressives Congress.
Keyamo has not only declared to be part of the party, he has gone further to indicate his interest to run for the senatorial election in his home state, Delta, on the platform of APC.
Our correspondent was unable to obtain the response of the EFCC’s spokesman, Mr. Wilson Uwujaren, when asked if his agency was aware of the political leaning of its private prosecutor.
Uwujaren did not respond to the first text message sent to his phone. The subsequent telephone call put through to him was unclear before the line went off. But he did not respond to subsequent call and text message sent to his phone on the subject matter.
Fani-Kayode did not also respond to the text message sent to his telephone. However, the subsequent call put through to his phone few hours later was not successful as the telephone line was said to be unreachable.
Meanwhile, Keyamo, responded to our correspondent’s enquiry on the matter.
Keyamo, who confirmed his foray into politics, but refused to dwell on his membership of the APC, said his winning of an election would mean that he would stop prosecuting criminal cases personally.
The lawyer was, however, uncertain about who carries on the case after him.
He said, “If and when I win any public office, I’ll have to stop prosecution of cases. I will either allow my chamber to carry on, or some other lawyer will do so. If I am unsuccessful, I’ll carry on with prosecution.”
Fani-Kayode, was first arraigned by the EFCC for money laundering charges on December 23, 2008.
The matter started before Justice Ramat Mohammed, who was then presiding over a Federal High Court, Lagos where Fani-Kayode was arraigned. It was re-assigned to Justice Binta Nyako after Justice Mohammed was transferred out of Lagos Division.
Justice Nyako took over the matter in February 2012. Trial had already started when, suddenly, Nyako was transferred out of Lagos and the matter was re-assigned to Justice Ofili-Ajumogobia.
The matter had started afresh before Justice Ofili-Ajumogobia and a witness has been called, yet she may not be the last Federal High Court judge to hear the matter, which has journeyed all the way to the Supreme Court and back to the Federal High Court since it started in 2008.
Keyamo, who has been prosecuting the case on behalf of EFCC since it started in 2008, is seeking that the matter be transferred to yet another judge.
His reason for the request was that the judge, Justice Ofili-Ajumogobia, had raised a question about the authority of his law firm or a junior from his office to prosecute the case.
Though, on July 7, 2013, Keyamo presented two separate letters from both the Attorney-General of the Federation, Mr. Mohammed Adoke, and the EFCC, authorising him to prosecute the case in the name of the Federal Republic of Nigeria, he claimed that the judge having earlier questioned his authority to prosecute the case, should no longer be allowed to continue presiding over the matter.
So as the public awaits the decision of Justice Auta on the matter, only time will tell how the prosecutor’s political foray will affect the case.
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