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As Nigerians groan over poor healthcare, court grants Ex-AMCON boss leave to seek treatment abroad amid pending allegation of ₦76bn fraud

While Nigerians lament the sorry state of healthcare and inability to afford proper healthcare on account of the troubled economy, a Lagos High Court sitting in Ikeja has granted the former Managing Director of Asset Management Corporation of Nigeria (AMCON), Ahmed Kuru, permission to travel abroad for urgent medical treatment.

Justice Mojisola Dada also held that the defendant’s passport be released to enable him to travel to London, United Kingdom, for treatment.

In response to this development, a Senior Advocate of Nigeria, Kunle Edun, said: “Just wondering if every public officer holder in Nigeria, once charged to Court, must fly abroad for medical treatment?

“Can’t the looters have a meeting and resolve to have a world-class hospital in at least 6 of the geo-political zones? The money stolen by one person should be more than enough to do this.

“The Courts must also help Nigerians. When they realise that the Courts are no longer granting them such liberties, they will rush to equip our hospitals. As long as the Courts continue to grant them foreign rest, our hospitals would continue to remain in their bad State.

“I am not aware of any American or Briton facing criminal trial in the U.S or U.K. daring to seek permission of the Court to embark on a foreign medical trip.”

Though the nature of the illness was not disclosed in court, counsel to the defendant, Oyinkan Badejo-Okusanya, told the judge that the ex parte application for her client to be allowed to travel abroad disclosed facts that necessitated “extreme urgency”.

Counsel to the EFCC, Wahab Shittu (SAN), did not object to the application. However, he raised an alarm that the anti-graft Commission has an intelligence report of attempts by the 1st defendant, Kamilu Omokide, the former Receiver Manager of Arik Air Limited, and the 3rd defendant, Captain Roy Ilegbodu, Arik Air’s Chief Executive Officer to dispose of some of the aircraft associated with Arik Air, the subject matter of the criminal proceedings.

He questioned whether the travel application was not an alibi to travel and sell some of the aircraft, which are said to be in France, but urged the court to order status quo ante bellum and to determine the application on its merits.

The former AMCON MD, Ahmed Kuru, is listed as the second defendant. The other defendants are Union Bank of Nigeria PLC and another company, Super Bravo Limited.

While Kuru’s counsel, Okusanya, noted that the alarm sounded by the EFCC counsel did not refer to her client nor affect his application to travel to the UK and not France, counsel to Union Bank, Olalekan Ojo (SAN), urged the court to dismiss the EFCC’s alarm, describing it as mere speculation. He submitted that there was no proof of any intelligence report before the court.

He also insisted that his client was a responsible corporate organisation that would not be involved in anything unethical.

After hearing from all parties, the judge noted the concerns raised by the EFCC counsel but declined to issue any restraining orders to preserve the assets, as no documents were exhibited before the court to warrant the granting of such orders.

In January 2025, the EFCC had arraigned the five defendants before the court on a six-count charge bordering on conspiracy and for allegedly defrauding Arik Airline of ₦76 billion and another $31.5 million.

While Union Bank was charged with one count of making false statements to a public officer, the other four defendants were arraigned on a five-count charge bordering on theft, abuse of office and stealing by dishonestly taking the property of another.

They all pleaded not guilty to the charge, and Justice Dada subsequently granted them bail for ₦20m each, with one surety each in like sum.

The judge had also directed the defendants to submit their international passports to the registrar of the court.

The anti-graft agency alleged that sometime in 2011, Union Bank Nigeria, to cause and/or induce unwarranted sale of Arik Air loans and bank guarantees, made false statements to the Assets Management Cooperation of Nigeria (AMCON) regarding Arik Air Ltd’s performing loans and later transferred the sum of ₦71 billion to AMCON.

The commission also alleged that Kuru, Omokide and Ilegbodu, sometime in 2022, fraudulently converted to the use of NG Eagle Ltd the total sum of ₦4.9 billion.

The anti-graft agency also alleged that the CEO of Arik stole ₦22.5 million by fraudulently converting it to the use of Magashi Ali Mohammed, property of Arik Air Ltd.

The EFCC also alleged that the defendants obtained undue advantage for themselves and intentionally authorised the teardown and destruction of 5N-JEA with Serial No. 15058, valued at 31.5 million dollars, an arbitrary act that was prejudicial to the economic stability of the Federal Republic of Nigeria and Arik Air Limited.

According to the prosecution,  the alleged offences contravene Sections 73, 96, 278(1) and 278(6)  of the Criminal Law of Lagos State 2015.

Nigerians are expressing widespread dissatisfaction with the country’s healthcare system due to a severe shortage of doctors and inadequate infrastructure. This shortage has led to longer wait times, increased strain on existing medical staff, and concerns about the quality of care.

Abbanobi -Eku Onyekachi writes that: “The passing of former President Muhammadu Buhari in a London hospital has reignited discussions about the state of Nigeria’s healthcare system and the implications of leaders seeking medical treatment abroad.”

He further posits that: “It isn’t also not in doubt that when leaders like former late President Buhari travel abroad for medical treatment, it not only highlights the inadequacies of Nigeria’s healthcare system but also puts a strain on the country’s economy. When a one time Senate President Joseph Wayas of Nigeria spent years abroad for medication and died there, and his remains continued to be there, untill through God’s mercy, his remains were able to be brought back for burial in this country, it doesn’t take a child or a novice much time to observe that the cost of medical treatment abroad is often exorbitant, and the loss of foreign exchange can have significant implications for the country’s balance of trade. According to a study, Nigeria’s total merchandise trade had improved to N12.05 trillion, with a trade surplus of N927.2 billion. However, the country’s reliance on imports, including medical equipment and services, can quickly turn this surplus into a deficit.

“Having a perusal at leadership and accountability in Nigeria, the question that has over the time crying for an answer remains, whether Nigeria’s leaders are prioritizing the right areas. With a healthcare system in crisis, it’s imperative that leaders invest in healthcare infrastructure, personnel, and equipment. Instead of relying on foreign medical services, Nigeria should be building a robust healthcare system that can cater to the needs of its citizens.”

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