The Chief Judge(CJ) of the
Federal High Court on Friday transferred the trial of the former Governor of
Ekiti State, Ayodele Fayose, charged with alleged N6.9 billion fraud, to a new
judge.
The CJ, Justice Adamu
Abdu-Kafarati, transferred the case from the former judge, Justice Mojisola
Olatoregun, to Justice Chukwujekwu Aneke.
The action, followed a petition
by the Economic and Financial Crimes Commission (EFCC), seeking a transfer of
the case.
Fayose was arraigned on Oct. 22,
2018, by the EFCC, alongside a company, Spotless Investment Ltd, on 11 counts
bordering on fraud and money laundering offence.
He had pleaded not guilty to the
charge and was granted bail on Oct. 24, 2018, in the sum of N50 million with
sureties in like sum, while the prosecution opened trial on Nov. 19, and had so
far called 13 witnesses out of 15 listed.
On March 20, a drama ensued in
court midway into the trial, between the trial judge, and EFCC counsel, Mr
Rotimi Jacobs, SAN.
The judge raised concerns on the
manner of prosecution by counsel, and had noted that the prosecutor was not
doing a good job, adding that he was not competent to evaluate the court’s
ruling.
On his part, the prosecutor
expressed his displeasure on the grounds that he had always dispensed his
duties diligently and had never been derogated by any court.
Meanwhile, at the last
proceedings on May 10, the 13th prosecution witness, Mr Adewale Aladegbola, a
former driver of a bullion van, had given evidences which the prosecutor
described as being contrary to his extrajudicial statement to the commission.
On this premise, the prosecutor
informed the court that his witness appeared “hostile” and urged the court to
adjourn the case to enable him make necessary application on the situation.
Continuation of trial was billed
to resume on June 10.
However, the CJ conveyed the
transfer of the case from Justice Olatoregun to Justice Aneke, by a letter
dated May 23, a copy of which was obtained by newsmen,NAN reports.
The CJ said: “I refer to the
petition of EFCC on this case and your Lordship’s comments thereto.
“It is apparent that the
prosecution has lost confidence in the judge trying this case and justice must
not only be done but must be seen to have been done, I hereby transfer this
case to Hon. Justice C. J. Aneke for hearing.”
A new date for the case before
Aneke has however not been confirmed.
The matter will consequently
begin afresh before the new judge, as the defendant will take his plea again.
During the trial before
Olatoregun, the prosecution had called witnesses, from Zenith Bank, Diamond
Bank, as well as a former Minister of State for Defence, Sen. Musiliu
Obanikoro.
According to the charge, on June
17, 2014, Fayose and Agbele were said to have taken possession of the sum of
N1.2 billion, for purposes of funding his gubernatorial election campaign in
Ekiti State, which sum they reasonably ought to have known formed part of crime
proceeds.
Fayose was alleged to have
received a cash payment of five million dollars, (about N1.8 billion) from the
then Minister of State for Defence, Sen. Musiliu Obanikoro, without going
through any financial institution and which sum exceeded the amount allowed by
law.
He was also alleged to have
retained the sum of N300 million in his Zenith Bank account and took control of
the aggregate sums of about N622 million which sum he ought to have known
formed part of crime proceeds.
Fayose was alleged to have
procured De Privateer Ltd and Still Earth Ltd, to retain in their Zenith and
FCMB accounts, the aggregate sums of N851 million which they reasonably ought
to have known formed part of crime proceeds.
Besides, the accused was alleged
to have used about N1.6 billion to acquire properties in Lagos and Abuja, which
he reasonably ought to have known formed part of crime proceeds.
The accused 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, which sum he ought to know also forms crime
proceeds.
The offence 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.
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