Bench Warrant : Demola Banu Picks Holes In EFCC’s Counter Affidavit… Insists He Didn’t Jump Bail

Former Kwara state Commissioner for Finance, Hon Ademola Banu has picked holes in the counter-affidavit submitted by the Economic and Financial Crimes Commission (EFCC), Ilorin zonal command through which  it had sought to dismiss the complaints he (Banu)  had filed  against the bench warrant issued for his arrest by the  Federal High Court, Ilorin, last month.

Recall  that the Economic and Financial Crimes Commission (EFCC) ,  had  on Friday,  February 23, 2024, filed charges against  former governor of Kwara state, Alhaji  Abdulfatah Ahmed  and Hon   Ademola Banu , who served as Commissioner for Finance during his administration, over offences bordering  on alleged money laundering in the case number ; FHC/IL/18C/2024 (FRN vs. Abdulfatah Ahmed & Anor.).

 During the court session  presided over by Justice Evelyn  Ayandike , the EFCC  had submitted that Ademola Banu jumped administrative bail granted to him by the commission adding  that all efforts to reach him  had proved abortive.

The EFCC had also submitted that  intelligence  report had revealed that the former commissioner  had hurriedly left for the United Kingdom after getting information that Alhaji Abdulfatah Ahmed had been invited and detained.

 On the strength of these assertions ,  lead counsel for the anti-graft agency, Rotimi Jacob  had  urged the court to issue a bench  warrant  for Ademola Banu’s arrest  which was consequently  granted.

He  had also  urged the court to rely on Section 83 of the Administration of Criminal Justice Act (ACJA) to issue a summons against his surety, Salami Bashiru Ola and/or  a bench warrant  for the arrest of  the second defendant (Banu).

Sequel to this development, Ademola Banu had on Monday,  February 26, 2024,  filed an Application/Motion asking the court to vacate the  bench warrant  issued for his arrest arguing  that the facts presented to the court by the EFCC were untrue and misleading. 

 In an affidavit that  was sworn to  on his behalf by Aisha Mahmud,  a copy of which was made available to Team@orientactualmags.com , Banu  noted  that contrary to the assertions and allegations made by the EFCC,  he  had  actually left the country  for  the United States on the 21st December, 2023, to see his family and also attend to his health.

 From  the  passport and the  e-ticket attached to the Application,  Ademola Banu clarified  that he returned to Nigeria on the 6th of February, 2024, and has been in the country while the EFCC had claimed  that he was in the United Kingdom. 

 Mr. Ademola Banu also described the  submission made by the EFCC that he was not reachable as incorrect noting that all his  mobile phones were active even while he was in the United States of America.

 The former Finance Commissioner also asserted that the issue of  jumping bail did not arise because there was no new investigation and invitation by the EFCC after  getting declared as an acquitted defendant  on 18th November,  2020, by the court in the previous Suit  with case Number FHC/IL/24C/2019. 

 It was also noted that the previous charges preferred  against Ademola Banu,  the Travel Messenger, and one Mr. Adeyemi in Suit Number FH/IL/24C/2019  which  were  withdrawn by EFCC leading to his acquittal by the court are  similar to the current/extant charges contained in the case No: FHC/IL/18/2024 against Abdulfatah Ahmed and himself.

The EFCC may face an  awkward situation  during the next court session  following the contents of the counter- affidavit it had filed a copy of which has been made available to Team@orientactualmags.com .

In the counter- affidavit ,the EFCC asserted that the previous charges in the suit  with case Number FHC/IL/24C/2019 were withdrawn as a result of their inability to join Alhaji Abdulfatah Ahmed as a co-defendant  because he had then enjoyed immunity from prosecution.

 In the meanwhile, Ademola Banu  in the fresh  affidavit filed to respond to the lines of arguments presented by the EFCC,  submitted that the excuses given by EFCC for withdrawing the previous charges were a misrepresentation of facts because Abdulfatah Ahmed had left office and  no longer enjoyed immunity from prosecution as at the time the first charges in case Number FHC/IL/24C/2019 were filed on the 19th of October, 2019.

 Alhaji Abdulfatah , the former commissioner noted, had  left office on the 29th of May 2019.

The EFCC  had in its counter-affidavit also alleged  that Ademola Banu authorized  the payment of N411m to Travel Messenger Ltd from a One Billion Naira loan said to have been obtained by the Kwara State Government in 2019.

Ademola Banu in  the fresh affidavit  however described this as mischievous and incorrect  and he has  attached a Memo from  the Government House, Ilorin,  showing that it was the Permanent Secretary, Government House, who got an approval of the  then governor for N254 Million  to be paid to the Travel Messenger limited in conformity with their demand notice for services rendered to the State Government.

Banu had  also attached a copy of the Memorandum of Understanding dated 10th January, 2012, executed between the State Government and Travel Messenger Ltd for chartered flights and the relevant Memo of the  Permanent Secretary. 

Contrary to EFCC’s  alibi for withdrawing the earlier case, Ademola Banu  also  submitted that the second and the third Defendants in the previous case, i.e. Travel Messenger and Mr Adeyemi respectively,  had petitioned the management team  of the EFCC through attached letter dated 21st August, 2020  titled/headed: ‘RE:APPLICATION FOR REVIEW OF THE CASE AGAINST MR. ADEMOLA ADEYEMI AND TRAVEL MESSENGERS LTD. IN CHARGE NO: THC/IL/24C/2019-FEDERAL REPUBLIC OF NIGERIA V. OLAREWAJU ADEMOLA ADEYEMI & 2 ORS’.  that the  case was baseless without any merit and called for a review of the case on the merit.

After the review exercise,  it was learned that the immediate past management team  of the  EFCC  had discovered that the previous charges contained in case Number FHC/IL/24C/3019 were baseless without any merit and had consequently  granted the request  made through the petition and directed that the Charges in the suit with case Number FHC/IL/24C/ 2019 be withdrawn from  the court; that the  lien on the bank account of Travel Messenger Ltd alleged to have warehoused the  laundered funds should be lifted and  that the beneficiary  should be allowed to utilize the fund. 

 Mr. Ademola  Banu  had also attached a letter  sent to the Inspector General of the Nigeria Police force and all other security agencies by  the Controller General of the Immigration Services  asking that  the name of Ademola Banu  should be removed from the watch list as he has been cleared by  the EFCC through a letter with  ‘ref: CR: 3000/EFCC/ILR/BF/VOL.1/055 dated 13th January, 2021’. 

 The date for the hearing of the Motion to vacate the bench  warrant issued for Banu’s arrest  has not been fixed while the substantive case  was adjourned until 29th and 30th of April 2024, by Justice Evelyn  Ayandike  on 23rd February ,2024–Team@orientactualmags.com  Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08059100286, 09094171980 or get in touch via orientactualmag@gmail.com.  Thank you