*Says EFCC failed to establish case

Wale Igbintade

In a major legal victory for former Ekiti State Governor, Ayodele Fayose, the Federal High Court in Lagos on Wednesday discharged and acquitted him of all charges in a protracted trial involving alleged theft and money laundering totalling N6.9 billion.

Delivering a decisive ruling, Justice Chukwujekwu Aneke upheld Fayose’s no-case submission, stating that the Economic and Financial Crimes Commission (EFCC) failed to provide sufficient evidence to warrant calling on the former governor to enter a defence.

“The testimonies of the prosecution witnesses lacked probative value and were riddled with inconsistencies. The court cannot rely on such evidence to establish a prima facie case,”Justice Aneke ruled.

Fayose, who was first arraigned in 2018, stood trial alongside his company, Spotless Investment Limited, on an 11-count charge bordering on criminal breach of trust, money laundering, and theft.

The case was linked to funds allegedly diverted from the Office of the former National Security Adviser, Col. Sambo Dasuki (retd.), during the lead-up to the 2014 Ekiti governorship election.

Adopting his client’s no-case submission, Fayose’s lead counsel, Chief Kanu Agabi, SAN, argued that the prosecution failed to prove any of the elements of the offences charged.

He further submitted that key figures allegedly involved, such as Abiodun Agbele, who was said to have handled parts of the funds—were not charged alongside Fayose, severely undermining the case.

“The alleged predicate offences of conspiracy and criminal breach of trust do not exist in a vacuum. “There is no co-conspirator on trial, and the burden was not met,” Agabi told the court.

Counsel to the second defendant, Olalekan Ojo, SAN, also made a no-case submission on behalf of Spotless Investment Limited.

He highlighted flaws in the prosecution’s star witness testimony, particularly that of former Minister of State for Defence, Senator Musiliu Obanikoro, who admitted there was no direct communication between Fayose and Dasuki.

innhis submissions, EFCC’s counsel, Rotimi Jacobs, SAN, urged the court to reject the no-case submissions.

He argued that Fayose had questions to answer concerning suspicious property acquisitions and alleged cash deliveries totalling $5 million.

“If the money came through legitimate channels, why were properties acquired in the names of associates who later denied ownership?” Jacobs queried, citing testimony by an EFCC investigator.

The EFCC also accused Fayose of receiving N1.2 billion in cash for his 2014 campaign and using companies such as De Privateer Ltd and Still Earth Ltd to launder funds, in contravention of the Money Laundering (Prohibition) Act, 2011.

Justice Aneke, however, disagreed. He ruled that the prosecution’s failure to establish a coherent and credible case meant the defendants could not be lawfully called upon to defend themselves.

Fayose’s legal ordeal began in 2018 before Justice Mojisola Olatoregun before being re-assigned to Justice Aneke. The EFCC had vigorously pursued the case as part of its broader investigation into alleged misappropriation of funds linked to the Dasuki-led NSA office.

Details to follow…

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