Comment on Fayose acquitted of criminal charges after six years trial by Joaquin Marvin
The Federal High Court in Lagos, on Wednesday, discharged and acquitted a former governor of Ekiti State, Ayodele Fayose, of money laundering and fraud.
Trial judge Chukwujekwu Aneke discharged the former governor in a ruling on his no-case submission filed and argued by his counsel, Messrs Olalekan Ojo and Kanu Agabi, both Senior Advocates of Nigeria (SANs).
The News Agency of Nigeria (NAN) reports that Mr Fayose was charged with N2.2 billion fraud and money laundering by the Economic and Financial Crimes Commission (EFCC).
The EFCC, through prosecutor Rotimi Jacobs (SAN), had first arraigned him on 22 October 2018, before trial Mojisola Olatotegun, alongside his company, Spotless Investment Ltd.
They were arraigned on 11 counts of money laundering, stealing, and fraud.
He pleaded not guilty to the charges and was granted bail on 24 October 2018, in the sum of N50 million with sureties in like sum.
Mr Fayose, was however, subsequently, re-arraigned before Mr Aneke, on 2 July 2019, after the case was withdrawn from the former judge, following EFCC’s petition.
He, again, pleaded not guilty to the charges and was allowed to continue on the earlier bail granted.
On 20 May, the court reserved its ruling on a no-case submission, brought by the defence, after hearing arguments from counsel.
Delivering ruling on Wednesday, Judge Aneke, held that the prosecution failed to establish a prima facie case against the former governor.
He also held that the witnesses and documentary evidence tendered by prosecution were not sufficient to establish the guilt of the defendant.
He consequently discharged and acquitted Fayose of the allegations.
According to the charge, on 17 June 2014, Mr Fayose and one Abiodun Agbele were said to have taken possession of the sum of N1.2 billion, for purposes of funding his governorship election campaign in Ekiti, funds they reasonably ought to have known formed part of crime proceeds.
Mr Fayose was alleged to have received a cash payment of five million dollars cash from the then Minister of State for Defence, 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 sum of about N622 million which he reasonably ought to have known formed part of crime proceeds.
He was further alleged to have procured De Privateer Ltd and Still Earth Ltd, to retain the aggregate N851 million which they reasonably ought to have known formed part of crime proceeds.
Besides, the defendant was alleged to have used the aggregate sum of about N1.6 billion to acquire properties in Lagos and Abuja, funds he reasonably ought to have known formed part of crime proceeds.
The former Ekiti State governor was also alleged to have used the sum of N200 million, to acquire a property in Abuja, in the name of his elder sister Moji Oladeji, fund he ought to also know formed crime proceeds.
According to the EFCC, the offences contravened the provisions of sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d), and 18 (c) of the Money Laundering Prohibition Act 2011.
NAN reports that the prosecution called about 20 witnesses and tendered a plethora of evidence in the trial.
(NAN)
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