N5.78bn EFCC Trial of Ex-Kwara Governor, Finance Commissioner Stalled

Proceedings in the N5.78 billion fraud case filed by the Economic and Financial Crimes Commission (EFCC) against former Kwara State Governor, Abdulfatah Ahmed, and his former Commissioner for Finance, Alhaji Demola Banu, were stalled on Thursday at the Kwara State High Court following a dispute over court documents.

Both defendants were present in court when disagreement arose between lawyers representing the EFCC and defence counsels over the arrangement and pagination of documents tendered as exhibits.

Counsel to the EFCC, Rotimi Jacobs, SAN, and lead defence counsel, Kamaldeen Ajibade, SAN, engaged in arguments over whether the documents presented to the court were properly organised and identical to those earlier served on the defence.

Ajibade maintained that the bundle of documents tendered differed from what was served on his team and was neither properly arranged nor paginated, making it difficult for the defence and the court to follow the proceedings. He insisted that the documents must be clearly numbered and arranged to meet the requirements of fair trial.

Jacobs, however, countered that the documents tendered before the court were the same as those served on the defence, arguing that it was not the responsibility of the prosecution to number or arrange the documents for opposing counsel.

After reviewing the documents and hearing submissions from both sides, the presiding judge, Justice Mahmud Gafar, upheld the defence’s objection, ruling that the exhibits needed to be properly arranged to aid the court.

He consequently adjourned the matter until February 16, 2026, to allow the EFCC time to reorganise the documents before the continuation of hearing.

Speaking to journalists after the adjournment, Ajibade said the court’s decision was necessary to ensure fairness, stressing that criminal trials should not be conducted by ambush and that proof of evidence must be clearly presented.

Jacobs, while maintaining that pagination was not the prosecution’s responsibility, said the EFCC agreed to reorganise the documents in the interest of justice and fair hearing.