20th May, 2025
News desk
Former Ekiti State Governor, Ayodele Fayose, has filed a no-case submission in response to the N6.9 billion fraud charges leveled against him by the Economic and Financial Crimes Commission (EFCC).
The application was heard on Monday by Justice Chukwujekwu Aneke of the Federal High Court in Lagos, who subsequently reserved ruling on the matter.
Fayose, represented by former Attorney General of the Federation, Chief Kanu Agabi (SAN), argued that the EFCC failed to establish a prima facie case against him. Spotless Investment Limited, joined as the second defendant, was represented by Olalekan Ojo (SAN).
The EFCC, led by prosecuting counsel Rotimi Jacobs (SAN), had filed 11 counts bordering on stealing and money laundering against Fayose and the company.
Presenting the no-case submission dated July 16, 2025, Agabi argued that the charges lacked merit, particularly noting the absence of Abiodun Agbele — a key figure in the alleged transactions — from the list of defendants.
“The predicate offences on which these charges are based do not hold water,” Agabi said, adding that no co-conspirator was charged alongside Fayose, weakening the EFCC’s claims of conspiracy and breach of trust.
Ojo, counsel for the second defendant, adopted a no-case submission earlier filed on March 21, 2025, and supplemented on May 16. He challenged the credibility of the EFCC’s 13th witness, former Minister of State for Defence, Senator Musiliu Obanikoro, who admitted under cross-examination that there was no direct communication between Fayose and former National Security Adviser, Col. Sambo Dasuki (retd).
In response, Jacobs urged the court to dismiss the submissions, questioning why Fayose did not conduct the transactions using his personal bank accounts if the funds were legitimate.
He cited the testimony of EFCC investigator Abubakar Madaki, who stated that Fayose used associates to purchase properties in Nigeria and abroad — associates who later denied ownership despite Fayose claiming them in his statement.
“If the money was clean, why didn’t he acquire the properties in his name?” Jacobs asked, stressing that Obanikoro’s testimony about Fayose’s involvement demanded a proper defence.
Following the proceedings, the court granted Fayose permission to travel abroad for medical treatment, as requested by his counsel.
Justice Aneke adjourned the matter to July 10, 2025, for ruling on the no-case submission.
Fayose was first arraigned in 2018 before Justice Mojisola Olatoregun, who has since retired. The case was reassigned to Justice Aneke.
The EFCC accuses Fayose of receiving N1.2 billion to fund his 2014 gubernatorial campaign and collecting $5 million in cash from Obanikoro. He is also alleged to have laundered over N1.6 billion through proxies and firms, including De Privateer Ltd and Still Earth Ltd, in violation of the Money Laundering (Prohibition) Act, 2011.
