Paragraph 1: The Allegations and Key Players
Former Kwara State Governor, Alhaji Abdulfatah Ahmed, and his erstwhile Commissioner for Finance, Ademola Banu, are facing trial for alleged diversion of N5.78 billion in Universal Basic Education Commission (UBEC) funds. The Economic and Financial Crimes Commission (EFCC) alleges that the funds, earmarked for educational development in Kwara State, were misappropriated during Ahmed’s tenure. A key prosecution witness, Abubakar Hassan, an Assistant Director of Finance at UBEC, testified before the Kwara State High Court, detailing the alleged financial irregularities.
Paragraph 2: Misuse of Funds and Abandoned Projects
Hassan’s testimony revealed a pattern of financial mismanagement, including the illegal withdrawal of N1.8 billion from UBEC funds. He highlighted the existence of 51 abandoned UBEC projects across all 16 local government areas of Kwara State, despite the approval of funds for these projects under Ahmed’s administration. UBEC had alerted the then-governor about these issues in May 2018, but received no response. This lack of response, coupled with the widespread abandonment of projects, raised serious concerns about the utilization of allocated funds.
Paragraph 3: Unauthorized Withdrawals and Loan for Salaries
Further irregularities were uncovered relating to the 2013 and 2014 UBEC matching grants. Hassan testified that N1 billion was borrowed from the 2013 UBEC matching grant account held with Skye Bank Plc, ostensibly to cover staff salaries and pensions. Additionally, a substantial sum of N1,829,054,054.06 was illegally withdrawn from the 2014 and 2015 state counterpart funds lodged on February 18, 2016. These funds were instrumental in securing the federal government’s matching grants from UBEC, raising questions about the legality and propriety of their subsequent withdrawal.
Paragraph 4: UBEC’s Attempts to Obtain Clarification and Lack of Response
UBEC, upon discovering these discrepancies, sought clarification from the Kwara State government regarding the utilization of the funds. The commission requested documentary evidence pertaining to the expenditure of UBEC funds, and provided documentation of the lodgment of funds to the Kwara State Universal Basic Education Board (SUBEB). The projects were classified into three categories: early care education, primary school education, and junior secondary school education. Despite UBEC’s repeated attempts to engage with the state government, including a letter sent directly to Ahmed in May 2018, no response was received.
Paragraph 5: The Defense’s Argument of SUBEB Autonomy
The defense, represented by Kamaldeen Ajibade (SAN) and Gboyega Oyewole (SAN), countered the prosecution’s claims by emphasizing the autonomous nature of SUBEB. Hassan, under cross-examination, confirmed that neither Ahmed nor Banu were signatories to SUBEB accounts. He explained that SUBEB operates as an independent agency with its own board and executive chairman, and maintains separate accounts from the state government. The defense argued that this structural separation absolves the defendants of responsibility for the alleged financial misconduct within SUBEB.
Paragraph 6: Legal Framework and Adjournment
Hassan clarified the legal framework governing UBEC and SUBEB operations. He stated that state matching grants are strictly designated for specific educational purposes outlined in the approved action plan, and cannot be borrowed or diverted for other uses. He emphasized that the alleged infractions and failure to implement the action plan undermined UBEC’s objectives. Justice Mahmud Abdulgafar adjourned the case until March 12 and 13, 2025, to allow for further proceedings and presentation of evidence. This adjournment will provide both the prosecution and the defense with ample time to prepare their respective cases.
