Court frees Fayose, says EFCC failed to link

•Anti-graft agency to appeal acquittal

By Lukman Olabiyi, Lagos and Sola Ojo, Abuja

Justice Chukwujekwu Aneke of the Federal High Court, Lagos, has discharged and acquitted former Ekiti State Governor, Ayodele Fayose of charges bordering on money laundering and theft amounting to N6.9 billion.

Justice Aneke delivered the ruling on Tuesday,after upholding a no-case submission filed by Fayose’s legal team, effectively ending a trial that began in 2018.

In his judgment, Justice Aneke held that the Economic and Financial Crimes Commission (EFCC) failed to establish a prima facie case against the former governor.

According to the judge, the prosecution was unable to directly link Fayose to the alleged offences, and there was no sufficient evidence to require him to enter a defence.

Fayose and his company, Spotless Investment Limited, were re-arraigned on an 11-count charge involving alleged money laundering and theft.

The EFCC accused Fayose of receiving N1.2 billion for his 2014 gubernatorial campaign and accepting $5 million in cash from former Minister of State for Defence, Musiliu Obanikoro, allegedly by passing financial institutions.

The EFCC also claimed that Fayose laundered various sums, including over N1.6 billion, which was allegedly used to acquire properties through companies such as :De Privateer Ltd and Still Earth Ltd — all in breach of the Money Laundering (Prohibition) Act, 2011.

The case was originally filed before Justice Mojisola Olatoregun in 2018,but was later transferred to Justice Aneke.

At the hearing on May 20, arguments on the no-case submission were presented by Fayose’s lead counsel, Kanu Agabi (SAN); Olalekan Ojo (SAN), representing the 2nd defendant, Spotless Investment Ltd; and EFCC’s counsel, Rotimi Jacobs (SAN).

Agabi, in adopting his client’s submission dated July 16, 2024, argued that the EFCC’s case was fundamentally flawed.

He highlighted that Abiodun Agbele, a key figure in the alleged transactions was not charged alongside Fayose, weakening the conspiracy claim.

“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 argued.

Meanwhile,the Commission has vowed to appeal the judgement.

According to Head, Media and Publicity, EFCC, Dele Oyewale,the commission was already studying the ruling and preparing for an appeal.

“The EFCC reaffirms its commitment to the rule of law as it briefs its counsel to appeal the judgment”, Oyewale said.