Fani-Kayode petitions NJC, CJ, Abuja FHC

Former minister of aviation, Chief Femi Fani-Kayode, has petitioned the Chief Judge, Federal High Court, Abuja over alleged plans by Lagos lawyer, Mr. Festus Keyamo, to perpetually keep him in court. Read more

In a petition written by his lawyers, Olawale Akoni (SAN) and Ifedayo Adedipe (SAN), dated July 9, the former minister kicked against fresh request by Keyamo seeking the transfer of charge No FHC/L523C/2008 to another judge.

Entitled; ‘Re-Request for Transfer of Charge No. FHC/L/523C/2008: between: F.R.N. V. Femi Fani-Kayode from the Honourable Justice Rita Ofili-Ajumogobia to another judge for hearing and determination,’ the petitioned also picked holes in the present fiat Keyamo claimed to have obtained from the nation’s Attorney-General.

The petition was also copied to the National Judicial Council (NJC), Abuja.

Justice Ofili-Ajumogobia had recently ruled that Mr. Vitalis Ahaotu, prosecution counsel in the case, which was instituted in 2008 against the former minister, could no longer prosecute Fani-Kayode until he produced a fiat from the Attorney General authorizing him to do so.

But dissatisfied, Keyamo was said to have requested for a transfer of the case from the trial judge to another judge.

“My Lord, to say we are surprised at the request of Mr. Keyamo is putting it mildly. This is a legitimate judicial function which cannot be derogated by the sensitivity of counsel.

“My Lord, we go further to say that to transfer this case to another judge for the matter to commence de novo will be hugely oppressive of the accused. This is a matter that was commenced in 2008 and has journeyed all the way to the Supreme Court and back to the Federal High Court,” the petitioned stated.

While picking holes in the letters of authorization obtained by Keyamo from the Attorney General and the EFCC, counsel to the former minister said the dates on letters came much more after the case was filed, saying ‘a charge cannot predate a fiat as it appears to be done in this case.’

“Further, the fiat could not have been issued by Mohammed Bello Adoke (SAN) for the simple reason that this matter was commenced in 2008 and Mr. Adoke San was not the sitting Attorney General at the time. The above letter was signed on June 27. This simply means that the authority to prosecute, the fiat, was only issued on June 27,” the petition added.

Culled from The Sun newspaper