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 llorin, 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.”
When the case was called at exactly 9:00am on Monday, counsel to the EFCC, Rotimi Jacobs, SAN, told the court, “My Lord, we have a 14-count charge dated, 15th day of October 2024, and filed on same date. We urge your Lordship to accept the charge and allow it to be read to the defendants ”
Responding, the lead counsel to the first and second defendant, Kamaldeen Ajibade, SAN and Gboyega Oyewole, SAN, did not object to the application. Therefore, Justice Abdulgafar granted the application and ordered that he charge be read to the defendants.
The duo pleaded not guilty to their respective charge when it was read to them.
Thereafter, the defence, through separate application on behalf of their clients, sought the leave of the court to move oral applications for the bail of the defendants. They told the court that the case had started since 2019 and the defendants were granted administrative bail by the Commission, which they had never jumped.
They urged the court to exercise its discretion to admit the first and second defendants to bail as all the offences levelled against them are bailable.
Ruling on the applications, Justice Abdulgafar admitted the former governor (Abdulfatah) and his co-traveler, Banu, to bail in the sum of N100million with two sureties each. One of the sureties must be a permanent secretary serving or retired.
Thereafter, the case was adjourned till December 4 – 5, 2024, for commencement of trial.
