Justice Mahmood Abdulgafar of the Kwara State High Court has fixed December 3, 2024, for the commencement of the trial of the immediate past governor of Kwara Abdulfatah Ahmed over a 15-count charge bordering on the alleged diversion of N3 billion public fund.
The former governor, who was re-arraigned from the Federal High Court, Ilorin, is being charged with diverting Universal Basic Education (UBEC) funds for other purposes.
During the re-arraignment on Monday at the State High Court, Ilorin, the former governor, and his former Finance commissioner Demola Banu pleaded not guilty to the charges and were granted bail in the sum of N100 million each.
The presiding judge, Justice Abdulgafar, later fixed December 3, 2024, for the commencement of the trial.
In an interview with journalists, the counsel to the Economic and Financial Crimes Commission (EFCC) Rotimi Jacobs said that the re-arraignment of the former governor from the Federal High Court to the state High Court was due to the conclusion of the investigation of other aspects of the allegations and to prevent moving from one court to another.
Charges Against the ex-Kwara Gov
COUNT 1
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.
COUNT 2
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.
COUNT 3
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.
COUNT 4
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, in such capacity having dominion over certain property, to wit; the 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), committed criminal breach of trust in respect of the said sum, when you dishonestly transferred the said sum from the Kwara SUBEB Matching Grant account into Polaris Bank for the repayment of loan facilities granted to the Kwara State Government by the said bank 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.
COUNT 5
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 22 September 2016 in Ilorin, within the jurisdiction of this Honourable Court, did illegally spend the sum of N876,756,756.76 (Eight Hundred and Seventy-Six Million, Seven Hundred and Fifty-Six Thousand, Seven Hundred and Fifty-Six Naira and Seventy-Six Kobo) 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 2015 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.
COUNT 6
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 22 September 2016 in Ilorin, within the jurisdiction of this Honourable Court, in such capacity having dominion over certain property. to wit; the sum of N876,756,756.76 (Eight Hundred and Seventy-Six Million, Seven Hundred and Fifty-Six Thousand, Seven Hundred and Fifty-Six Naira and Seventy-Six Kobo), committed criminal breach of trust in respect of the said sum, when you dishonestly transferred the said sum from the Kwara SUBEB Matching Grant account into Kwara State Govemment Central account with Guaranty Trust Bank for the payment of contracts awarded by Kwara State Government, 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.
COUNT 7
That you, ABDULFATAH AHMED on 19th February, 2024 in llorin within the jurisdiction of this Honourable Court failed to make a declaration in the Assets Declaration Form supplied to you by the officers of the Economic and Financial Crimes Commission after your arrest and you thereby committed an offence contrary to section 27(3)(c) of the Economic and Financial Crimes Commission (Establishment) Act No. 1 of 2004 and punishable under section 27(3) of the same Act.
COUNT 8
That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), sometime in 2019 in llorin, within the jurisdiction of this Honourable Court, in such capacity having dominion over certain property, to wit, the sum of N400,000,000.00 (Four Hundred Million Naira), committed criminal breach of trust in respect of the said sum, when you dishonestly converted the said sum being part of the loan obtained by Kwara State Government from Ecobank Nigeria Limited for the purpose of completing some then ongoing projects in Kwara State, for part-payment for chattering private jets through Travel Messengers Limited and you thereby committed an offence contrary to section 315 of the Criminal Code and punishable under the same section
COUNT 9
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 florin, within the Jurisdiction of this Honourable Court, did illegally transferred the sum of N400,000,000.00 (Four Hundred Million Naira), to Travel Messengers Limited for chattering private jets, for your own use and which sum formed part of the N1,000,000,000.00 (One Billion Naira), short-term loan obtained by the Kwara State Government for the purpose of completing some on-going projects in Kwara State 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.
COUNT 10
That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), between January and December, 2018, within the jurisdiction of this Honourable Court, in such capacity having dominion over certain property, to wit: the sum of N411,000,000.00 (Four Hundred and Eleven Million Naira), committed criminal breach of trust in respect of the said sum, when you dishonestly converted the said sum being part of the fund for the provision of security in Kwara State for part-payment for chattering private jets for your own use through Travel Messengers Limited and you thereby committed an offence contrary to section 315 of the Criminal Code and punishable under the same section.
COUNT 11
That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), between January and December, 2018 in Ilorin, within the jurisdiction of this Honourable Court, did illegally transferred an aggregate sum of N411,000,000.00 (Four Hundred and Eleven Million Naira), to Travel Messengers Limited for chattering private jets, for your own use and which sum formed part of the funds meant for the provision of security in Kwara State 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..
COUNT 12
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 16 April, 2018, within the jurisdiction of this Honourable Court, in such capacity having dominion over certain property, to wit the sum of N100,000,000.00 (One Hundred Million Naira), committed criminal breach of trust in respect of the said sum, when you dishonestly converted the said sum being part of the fund for the provision of security in Kwara State for part-payment for chattering private jets for your own use through Travel Messengers Limited and you thereby committed an offence contrary to section 315 of the Criminal Code and punishable under the same section.
COUNT 13
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 16 April, 2018, in Ilorin, within the jurisdiction of this Honourable Court, did illegally transferred an aggregate sum of N100,000,000.00 (One Hundred Million Naira), to Travel Messengers Limited for chattering private jets, for your own use and which sum formed part of the funds meant for the provision of security in Kwara State 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.
COUNT 14
That you, ABDULFATAH AHMED (while being the Governor of Kwara State) and ADEMOLA BANU (while being the Commissioner of Finance of Kwara State), between 2015 and 2019 in llorin, within the jurisdiction of this Honourable Court, did illegally transferred an aggregate sum of N1,610,730,500.00 (One Billion, Six Hundred and Ten Million, Seven Hundred and Thirty Thousand, Five Hundred Naira), to Travel Messengers Limited for chattering private jets, for your own use and which sum formed part of the funds meant for the security and running cost of the Government of Kwara State 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.
