- Safiu Kehinde
A Federal High Court sitting in Lagos has on Wednesday discharged and acquitted former Ekiti State Governor, Ayodele Fayose, of all the charges of money laundering brought against him by the Economic and Financial Crimes Commission (EFCC).
The presiding judge, Justice Chukwujekwu Aneke, reportedly upheld Fayose’s no-case submission on the ground that the prosecution failed to establish a prima facie case against him to warrant his defence.
Recall that Fayose had been standing trial on allegations bordering on money laundering and fraud during his tenure as governor of Ekiti State.
According to report, the ex-Ekiti governor was initially arraigned in 2018 before Justice Mojisola Olatoregun, but the EFCC later secured a transfer of the case to Justice Aneke.
Fayose and his company, Spotless Investment Ltd, were re-arraigned before Justice Aneke on an 11-count charge bordering on money laundering and theft.
He was alleged to have taken possession of N1.2 billion for his 2014 gubernatorial campaign with another $5 million cash received from former Minister of Defense, Musiliu Obanikoro.
The EFCC further also accused Fayose of laundering various sums, retaining and using over ₦1.6 billion to acquire properties through proxies and companies such as De Privateer Ltd and Still Earth Ltd., in violation of several provisions of the Money Laundering (Prohibition) Act, 2011.
At the resumption of the hearing, Fayose’s lawyer, Chief Kanu Agabi, adopted his client’s no-case submission dated July 16, 2024.
He argued that the prosecution failed to establish a prima facie case.
Agabai noted that Abiodun Agbele, who was allegedly involved in the offences, was not jointly tried, weakening the prosecution’s case.
“With due respect, the predicate offences on which these charges are based do not hold water. Criminal breach of trust and conspiracy are distinct, and no co-conspirator was charged alongside the defendant,” Agabi submitted.
He urged the court to hold that Fayose has no case to answer.
In his ruling, Justice Aneke maintained that the EFCC’s evidence lacked the necessary coherence to establish criminal intent or direct involvement by Fayose in money laundering.
The presiding judge emphasized that the prosecution’s reliance on circumstantial evidence, particularly regarding the source and use of the funds, did not meet the legal threshold required for conviction.