Economic and Financial Crimes Commission, EFCC, has declared that it would appeal the ruling which acquitted a former governor of Ekiti State, Ayodele Fayose, of the money laundering and fraud charges against him.
AljazirahNigeria reports that in a ruling on a no-case submission yesterday, Justice Chukwujekwu Aneke held that the prosecution failed to establish a prima facie case against the former governor to warrant further defence.
Reacting to the judgement, EFCC’s counsel, Rotimi Jacobs (SAN) noted that the prosecution would make an effort to obtain the certified copy of the judgment and prepare grounds for an appeal.
The EFCC re-arraigned Fayose and his company, Spotless Investment Limited, on an 11-count charge of money laundering to the tune of N6.9 billion allegedly committed when he was governor.
According to the charge, Fayose allegedly took possession of N1.2 billion for his 2014 gubernatorial campaign and received $5 million cash from Obanikoro, bypassing financial institutions.
He was also accused of laundering various sums, retaining and using over N1.6 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.
While making a no-case submission on May 19, Kanu Agabi, counsel to the former governor, argued that the prosecution failed to establish a prima facie case against Fayose.
He noted that Abiodun Agbele, who allegedly played a central role in the transactions, was not charged alongside Fayose, weakening EFCC’s case.
“With due respect, the predicate offences do not hold water. Criminal breach of trust and conspiracy are distinct offences and no co-conspirator was charged,” Agabi submitted.
He prayed the court to rule that the former governor had no case to answer.
Olalekan Ojo, counsel to the second defendant, adopted a separate no-case submission dated March 21, supported by documents filed on May 16.
The lawyer argued that the key prosecution evidence was unreliable, especially the testimony of Obanikoro, the 13th prosecution witness, who confirmed that there was no communication between Fayose and Sambo Dasuki, the former National Security Adviser, NSA.
However, Jacobs asked the court to dismiss the no-case submissions, arguing that the defence failed to justify several suspicious transactions.
Jacobs questioned why Fayose would not use his personal bank account for transfers if the funds from the NSA were legitimate.
He cited a testimony from an EFCC investigator, Abubakar Madaki, who said Fayose used associates to acquire properties in Abuja, Lagos, and abroad — individuals who later denied ownership, even though Fayose admitted the properties were his.
“If the money was clean, why not buy the properties in his name?” Jacobs asked.
He also cited Obanikoro’s testimony that Fayose requested the funds in cash and introduced Agbele to collect the money, insisting the defendant must account for these actions.
However, the court upheld the no-case application filed by the defendants.
