Former Minister of Aviation, Chief Femi Fani-Kayode, who is being tried for an alleged fraud of N4.9 billion, has lost the bid to have the case transferred from Lagos to Abuja.

The trial judge, Justice Rilwan Aika­wa of the Federal High Court in Lagos, in a ruling on Tuesday, dismissed Fani-Kayode’s application, seeking transfer, for lacking in merit.

Contrary to arguments by Fani-Kayode’s lawyer, Mr Norrison Quakers (SAN), that the cause of action lead­ing to the case took place in Abuja, the judge observed that parts of the alleged illegal transactions by Fani-Kayode leading to the charge took place in La­gos.

Justice Aikawa noted, for instance, the allegation by the Economic and Financial Crimes Commission that Fani-Kayode paid N30 million cash to a printer, Olusegun Idowu, whose office is at Igbosere on Lagos Island.

Besides, the judge noted that based on Fani-Kayode’s request, the imme­diate-past Chief Judge of the Federal High Court, Justice Ibrahim Auta, had earlier transferred the case from Justice Muslim Hassan of the same court, who was hearing it earlier, to the present judge, who is also in Lagos.

Justice Aikawa held that if the CJ had found merit in the request to transfer the case from Lagos to Abuja, he would have done it after Justice Hassan with­drew from the case rather than transfer it to another judge in Lagos.

In the final analysis, Justice Aikawa held, “I am of the view that based on the facts and circumstances of this case, there is no justification for the transfer of this case to Abuja. The application lacks merit and is hereby dismissed.”

Fani-Kayode’s lawyer, Quakers, had argued that the facts of the case showed that all the transactions, which his cli­ent carried out as the Director of Media and Publicity of the Goodluck Jonathan Campaign Organisation, for which he was charged, took place in Abuja.

Besides, Quakers said Fani-Kayode was based in Abuja and had another fraud trial there, urging the court to transfer the case to Abuja for conve­nience.

But in opposition to Quakers, the EFCC lawyer, Mr Rotimi Oyedepo, had maintained that Fani-Kayode should be tried in Lagos because the instru­ments of the alleged illegal transactions for which he was being tried, including cheques and receipts, ‘were recovered in Lagos’.

“The financial institutions used in the transactions have their head offices in Lagos,” Oyedepo said.

He also pointed out to the judge that 13 out of the prosecution’s 17 witnesses live in Lagos, adding that Fani-Kayode’s application was a mere ploy to frustrate the case.