The Federal High Court in Lagos has discharged the former Governor of Ekiti State, Ayodele Fayose, on charges of alleged money laundering and theft amounting to ₦6.9 billion.
Justice Chukwujekwu Aneke discharged the former governor after upholding his no-case submission filed to challenge his trial by the Economic and Financial Crimes Commission (EFCC).
The court held that the EFCC had not been able to establish or link Fayose to the crime, neither was a prima facie case made against him to warrant further defence.
The judge also held that the witnesses who testified and the documents tendered in evidence before the court by the EFCC were not enough to link and prove the guilt of the defendant.
The court further agreed with the submission of Fayose that the predicate offences on which the charges were based did not hold water.
Fayose, who was overcome with emotion, burst into tears immediately he stepped out of the courtroom. He knelt on the ground in praise to God.
He also expressed gratitude to his legal team, saying that God had finally freed him from the burden of a criminal trial after seven years.
He, however, pleaded not guilty to the charge.
Fayose was initially arraigned in 2018 before Justice Mojisola Olatoregun, but the EFCC later secured a transfer of the case to Justice Aneke.
According to the charge, Fayose allegedly took possession of ₦1.2 billion for his 2014 gubernatorial campaign and received $5 million in cash from Obanikoro, bypassing financial institutions.
He was also accused 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.
Fayose and his company, Spotless Investment Ltd were re-arraigned before Justice Aneke on an 11-count charge bordering on money laundering and theft.
The alleged offences took place during Fayose’s tenure as governor and involved funds allegedly linked to the office of the former National Security Adviser.
Chief Agabi, adopting his client’s no-case submission, argued that the prosecution failed to establish a prima facie case.
He 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 stated that the predicate offences underlying the charges lacked substance.
The judge further held that criminal breaches of trust and conspiracy are distinct charges and highlighted that no co-conspirators were arraigned alongside the defendant.
The court also held that the evidence provided by the prosecution witnesses was unreliable and insufficient to warrant Fayose’s trial, noting that they lacked documentation to support their claims.
The judge also pointed out that one of the witnesses, Senator Musiliu Obanikoro, who alleged that he had paid Fayose using party funds, lacked credibility.
Justice Aneke held, “There is no doubt he was paid, but where did the money come from? No one can rely on the statements of Diamond Bank staff, who failed to establish any link to support their claims. I must conclude that there is no proof. Alleged charges must be proven beyond a reasonable doubt.”
The judge further ruled that concerning the charge of failure to declare access, at the time of Fayose’s arraignment, he was a private citizen and thus could not be held accountable for the failure to declare access, as this requirement is mandatory for public officials.
The judge concluded, “The no-case submission succeeds. The first and second defendants are hereby discharged.”
