•Says Obanikoro’s evidence unreliable, contradictory 

•EFCC set to appeal

In a significant legal victory, the Federal High Court in Lagos yesterday discharged former Ekiti State Governor, Ayodele Fayose, of all charges in a protracted trial over alleged theft and money laundering totaling N6.9 billion.

Delivering judgment, Justice Chukwujekwu Aneke upheld Fayose’s no-case submission, ruling the Economic and Financial Crimes Commission (EFCC) failed to establish a prima facie case requiring the former governor to enter a defence.

“The testimonies of the prosecution witnesses lacked probative value and were riddled with inconsistencies. The court cannot rely on such evidence,” Justice Aneke held.

The judge particularly criticised the prosecution’s reliance on the testimony of former Minister of State for Defence, Senator Musiliu Obanikoro, describing his evidence as contradictory and unreliable.

“At one point, Obanikoro claimed the funds were raised by a committee for the Ekiti governorship election; at another, he said they came from the Office of the National Security Adviser (ONSA)’s imprest account,” the judge observed.

Justice Aneke also expressed concern over the unexplained withdrawal of N1.9 billion in cash by Obanikoro from an account belonging to Silva McNamara Ltd with Diamond Bank.

The judge questioned how the former minister, who had no signatory authority or mandate on the account was allowed by the bank to make such a withdrawal without appropriate documentation.

The judge further noted that no evidence presented during the trial linked the withdrawn funds to Fayose.

There was neither a transfer nor any traceable connection to the former governor.

The judge also questioned why former National Security Adviser, Colonel Sambo Dasuki, was neither charged nor called as a witness, if indeed the funds originated from his office.

On the allegation that Fayose failed to declare his assets to the EFCC, Justice Aneke held that the anti-graft agency lacked the constitutional authority to demand such declarations, which fall within the jurisdiction of the Code of Conduct Bureau.

The court also found no proven connection between Fayose and Abiodun Agbele, a key figure frequently mentioned during the trial.

The judge stated that Agbele’s absence from the dock further weakened the prosecution’s case.

“In the end, I find and hold that the no-case submission succeeds. Accordingly, the first and second defendants are hereby discharged and acquitted,” Justice Aneke concluded.

Fayose, first arraigned in 2018, was charged alongside his company, Spotless Investment Limited, on an 11-count charge bordering on criminal breach of trust, theft, and money laundering.

The EFCC alleged the funds were diverted from the Office of the National Security Adviser in the run-up to the 2014 Ekiti State governorship election.

Adopting the no-case submission, Fayose’s lead counsel, Chief Kanu Agabi, SAN, argued that the EFCC failed to prove the essential elements of the alleged offences.

He emphasised that key individuals named by the prosecution, especially Abiodun Agbele, were not charged, thereby undermining any allegation of conspiracy.

“The alleged predicate offences of conspiracy and criminal breach of trust cannot exist in a vacuum. There is no co-conspirator on trial, and the burden of proof has not been met,” Agabi said.

Counsel to the second defendant, Olalekan Ojo, SAN, also questioned the credibility of the EFCC’s key witness, Obanikoro, noting that no evidence showed direct communication between Fayose and Dasuki.

In response, EFCC counsel, Rotimi Jacobs, SAN, urged the court to dismiss the no-case submission, arguing that Fayose needed to explain suspicious property acquisitions and alleged cash transactions amounting to $5 million.

“If the money was legitimate, why were the properties acquired in the names of third parties who later denied ownership?” Jacobs asked, citing EFCC investigators’ testimonies.

The EFCC also accused Fayose of receiving N1.2 billion in cash for his 2014 campaign and of laundering funds through firms such as De Privateer Ltd and Still Earth Ltd – allegations the court ultimately found unproven.

The trial, which began before Justice Mojisola Olatoregun, was later re-assigned to Justice Aneke.

Following the judgment, Jacobs confirmed that the EFCC is in the process of obtaining a Certified True Copy of the ruling to enable it file an appeal.