Only Keyamo can prosecute Fani-Kayode, court rules

JUSTICE Rita Ofili-Ajumogobia of the Federal High Court, Lagos yesterday held that the fiat to prosecute Femi Fani-Kayode resides personally with Mr. Festus Keyamo and therefore cannot be re-delegated to any other person in the chambers.


She made the declaration while delivering judgment in an address filed by parties in the suit on the propriety of prosecution by the chambers of Messrs Festus Keyamo.


Fani-Kayode, a former Aviation minister, is being prosecuted by the Economic and Financial Crimes Commission (EFCC), through Lagos lawyer, Mr. Festus Keyamo, on an amended 47-count charge of money laundering.


Delivering the judgment, Ofili-Ajumogobia held that the fiat of the Attorney General of the Federation was personally delegated to Keyamo and to no other. And since the authority to undertake prosecution of the accused was vested on the “individual, Keyamo” and not on his chambers, such authority can not be delegated to another.


She ruled: “It is the decision of this court that the fiat of prosecution in this case was delegated personally to Mr. Festus Keyamo and not to his chambers. “The appearance of Mr. Vitalis Ahaotu in the suit is an anomaly since he does not possess any fiat. Keyamo is therefore the rightful person to undertake prosecution of this case. I so hold.”


She then adjourned the case to January 27 for continuation of trial. Defence counsel, Mr. Ifedayo Adedipe (SAN), had raised objection to the appearance of Ahaotu from the chambers of Keyamo, arguing that he was not the proper person to prosecute the accused.
Citing the provisions of Section 24 of the Legal Practitioners Act, Adedipe argued that since the fiat of the Attorney General was given to Keyamo, he ought to be the rightful person to handle the case. 
 
He had therefore prayed the court for an order, restraining Ahaotu from further prosecuting the accused. In response, Ahaotu argued that although the fiat of prosecution was obtained by his principal, Keyamo, this power also extended to lawyers from his chambers, adding that the objection was baseless. Following the argument of parties, the judge had ordered the prosecution and defence to address the court on the issue.


Fani-Kayode was re-arraigned on February 11, on the amended 47-count charge. He had pleaded not guilty and was granted bail. In the charge, the accused was alleged to have had transactions with funds exceeding N500, 000 without going through a financial institution.
The accused was also alleged to have accepted cash payments amounting to N230 million while he was in office as minister of Aviation and minister of Culture and Tourism respectively.


The offence is said to contravene the provisions of Sections 18 (a) of the Money Laundering (prohibition) Act, 2004.