The Special Offences Court sitting in Ikeja, Lagos, has acquitted and discharged former Aviation Minister, Femi Fani-Kayode, of the charge of medical forgery leveled against him by the Economic and Financial Crimes Commission (EFCC).
Delivering her ruling on the no-case submission filed by Fani-Kayode’s counsel, Justice Olubunmi Abike-Fadipe stated that the prosecution had failed to establish a prima facie case against the defendant. The judge upheld the no-case submission, arguing that the EFCC did not sufficiently link Fani-Kayode to the alleged offence.
In her judgment, Justice Abike-Fadipe noted that the prosecution had not presented key witnesses, including those who allegedly received money from Fani-Kayode or the lawyer who purportedly received instructions from him to submit the forged medical reports to the Federal High Court.
The judge further emphasized that the prosecution’s reliance on extrajudicial statements as evidence was insufficient, as such statements can only be used to challenge the person who made them in court. She added, “I have carefully studied the evidence of the prosecution witnesses and I cannot find where the defendant committed the alleged offences.”
With this, the court found that the prosecution had failed to establish a case that would require the defendant to present a defense, leading to Fani-Kayode’s acquittal and discharge.
Speaking to the media after the ruling, Fani-Kayode expressed his gratitude, saying that he was overwhelmed with relief after a prolonged legal battle spanning 18 years. He noted that he was overjoyed to finally be free of the legal troubles.
The former minister had been facing 12 counts brought against him by the EFCC, which accused him of using forged medical reports in his defense during his ongoing prosecution for an alleged N4.9 billion fraud. The charges stemmed from two specific counts: one alleging he submitted a fraudulent medical report dated October 11, 2021, and another for submitting a false document on March 23, 2021, both purportedly issued by Kubwa General Hospital.
The EFCC had argued that the use of such false documents was contrary to Section 369 of the Criminal Law of Lagos State (2015), which prohibits the procurement and execution of documents by false pretenses.
During the trial, witnesses testified that Kubwa General Hospital, Abuja, had denied admitting Fani-Kayode or issuing the medical reports in question. The first prosecution witness, Bassey Amah, head of medical records at the hospital, confirmed that no medical report had been issued for the former minister. Additionally, a second prosecution witness, Abidat Bukola, claimed that Fani-Kayode paid her N820,000 in total to procure four forged medical reports, dictating their content.
Fani-Kayode, however, denied these allegations and filed a no-case submission in December 2024, requesting that the court acquit him on the grounds that the prosecution had failed to prove the charges against him. The court agreed with his submission and ruled in his favor.
