Fani-Kayode, alongside Nenadi Usman, a former finance minister and one Danjuma Yusuf are currently facing trial over N4.9billion charge preferred against them by the Economic and Financial Crime Commission (EFCC).
The anti-graft agency had preferred a 17-count charge bordering on the alleged offence after which they pleaded guilty and were granted bail by the court.
During the continuation of trial on October 21, Fani-Kayode was re-arrested by the EFCC outside the premises of the Lagos court.
When the case was called on Monday, Fani-Kayode was absent and his counsel, Mr. Wale Balogun told the court that he has been in Kuje prisons because he is yet to meet the bail conditions granted him by an Abuja court.
"My lord, the second accused (Fani-Kayode) was kept in custody of the prosecution for 21 days without any word, and finally, arraigned on November 10 before your learned brother, Justice John Tsoho in Abuja, on a five-count charge bordering on N26million.
"He was subsequently remanded at the Kuje prisons, and in view of this, we are helpless, as his bail conditions have not been perfected in spite of frantic efforts by family and friends," Balogun said.
In response, EFCC prosecutor, Mr. Rotimi Oyedepo told the court that he was aware of the arraignment of Fani-Kayode before an Abuja division of the court but added that it has nothing to do with the instant case.
Oyedepo, maintained that the subsequent arrest of the accused was with a view to serving him with the charge and not to disrespect the court and urged the court for an adjournment.
He, therefore, urged the court to grant an adjournment so as to allow the accused appear and stand trial.
The matter was adjourned to December 12, 2016 by the presiding judge, Justice Sule Muslim Hassan.