A former Minister of Aviation, Femi Fani Kayode’s application asking a judge presiding over an N4.9bn fraud case he is being tried for was on Wednesday opposed by the Economic and Financial Crimes Commission (EFCC) on the grounds that the judge has no reason to be biased against him.
In the said application, Fani Kayode is asking Justice Muslim Hassan of the Federal High Court sitting in Lagos to withdraw himself from the fraud charge filed against him.
Fani-Kayode in the said application, stated that since the judge was a former prosecutor with the EFCC, he would not get justice from him.
But in a counter affidavit filed in opposition to the application by the commission, admitted that the trial judge was their former prosecutor but has nothing to do with previous trial of Fani-Kayode.
The commission averred that Justice Hassan was never a member of the team of investigation and prosecutors that handled the previous charge against the accused.
EFCC insisted that Justice Hassan in the current trial of the accused before him, has not demonstrated any likelihood of bias against Fani Kayode.
Adding that upon arraignment of the accused before the court, he was granted bail notwithstanding stiff opposition by the prosecution
Besides, the commission stated that contrary to the submission of Fani-Kayode that the alleged offence occurred in Abuja, they also averred that the offences were not only allegedly committed in Abuja but in Lagos as well.
The commission further averred that the bank used in committing the offence has its headquarters in Lagos.
Fani-Kayode is being prosecuted alongside a former Minister of State for Finance, Senator Nenadi Usman, Danjuma Yusuf and a company, Joint Trust Dimensions Nigeria Limited.
Justice Hassan slated March 1 for hearing of all pending application regarding the case.
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