Former Governor Ayodele Fayose of Ekiti state appeared before the Federal High Court in Lagos on Monday for his trial over alleged fraud and money laundering charges. However, the trial was stalled due to the absence of the 12th prosecution witness, Mr. Musiliu Obanikoro, a former Minister of State for Defence, who began his evidence on January 31 and is still undergoing cross-examination by the defence.
Fayose, who was first arraigned on October 22, 2018, before Justice Mojisola Olatoregun alongside his company, Spotless Investment Ltd, on 11 counts bordering on fraud and money laundering offences, pleaded not guilty to the charges. He was granted bail on October 24, 2018, in the sum of N50 million with two sureties in like sum.
After the case was withdrawn from Justice Olatoregun, following EFCC’s petition, he was re-arraigned before Justice Chukwujekwu Aneke on July 2, 2019, where he again pleaded not guilty to the charges and was allowed to continue on the earlier bail granted, while the case was adjourned for trial.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Fayose, and since opening its case before Justice Aneke, has been leading witnesses in evidence. During the trial before Justice Olatoregun, the prosecution had called witnesses from several commercial banks as well as Obanikoro.
According to the charge, on June 17, 2014, Fayose and one Abiodun Agbele were said to have taken possession of the sum of N1.2 billion for purposes of funding his gubernatorial election campaign in Ekiti, which sum they reasonably ought to have known formed part of crime proceeds.
The charge also alleged that Fayose received a cash payment of the sum of five million dollars, (about N1.8 billion) from the then Minister of State for Defence, Sen. Musiliu Obanikoro, without going through any financial institution. He was also alleged to have retained the sum of N300 million in his account and took control of the aggregate sums of about N622 million, which sum he reasonably ought to have known formed part of crime proceeds.
The defendant was alleged to have procured De Privateer Ltd and Still Earth Ltd to retain the aggregate sums of N851 million, which they reasonably ought to have known formed part of crime proceeds. Besides, he was also alleged to have used the aggregate sums of about N1.6 billion to acquire properties in Lagos and Abuja, which sums he reasonably ought to have known formed part of the crime proceeds. Additionally, he was alleged to have used the sum of N200 million to acquire a property in Abuja, in the name of his elder sister Moji Oladeji, which sum he ought to have known also formed part of the crime proceeds.
During Monday’s proceedings, the prosecutor, Mr. Rotimi Jacobs (SAN), announced an appearance for the prosecution, while Mr. Olalekan Ojo (SAN) appeared for the second defendant. Meanwhile, Mr. Ahmed T. held the brief of Mr. Ola Olanipekun (SAN) for the first defendant.
Jacobs informed the court that the case was for the continuation of cross-examination of Pw12 and added that he was informed by the witness’ aide that he was out of the country. Specifically, he urged the court to grant an adjournment to the already existing dates in June. The application for adjournment was not opposed by the defence counsel.
Ojo, the second defence counsel, said that if “the trend continues on the next adj
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