The Economic and Financial Crimes
Commission (EFCC) on Friday accused the defence counsel in the ongoing trial of
former Governor of Ekiti Ayodele Fayose of ”tampering” with its key witnesses.
EFCC Counsel, Mr. Rotimi Jacobs, SAN, made the statement at the resumed trial of
Fayose facing charges bordering on N6.9billion fraud in a Federal High Court in
Lagos.
Jacobs was responding to an
application by the team of defence counsel, Ola Olanipekun, SAN and Olalekan
Ojo, challenging the competence of a proposed third witness sought to be sworn
on oath.
The EFCC charged Fayose with
alleged N6.9 billion fraud and money laundering charges. He was first arraigned
on Oct. 22. 2018, before Justice Mojisola Olatotegun, alongside his company,
Spotless Investment Ltd, on 11 counts bordering on fraud and money laundering
offences.
The defendant was subsequently
re-arraigned before Justice Chukwujekwu Aneke, on July 2, after the case was
withdrawn from Olatoregun, following EFCC’s petition. He had also pleaded not
guilty to the charges and was allowed to continue on the earlier bail granted,
while the case was adjourned for trial.
At the last adjourned date on
Oct. 21, EFCC called its first witness Mr. Lawrence Akande, a Zonal Head of a
second-generation Bank covering South-West one. On Oct. 22, the commission had
also called its second witness Mr. Abiodun Oshode from the same Bank Zonal Head
covering South-West two. Both witnesses had concluded their evidence, were
cross-examined and discharged.
On Friday, EFCC called its third
witness, Mr. Johnson Abidakun, who is Head of Operations of the Bank Ado-Ekiti
branch. The witness entered the box and was about to be sworn on oath when the
first defence counsel (Olanipekun) raised objection supported by Ojo.
The defence had accused the EFCC
of “prosecutorial misconduct” because they (defence) had sought leave of court
to study the proof of evidence of the witness and had noticed he made judicial
statements.
Recall that the prosecution had
called its 13th witness, one Mr. Adewale Aladegbola, who had during trial
introduced himself as a driver of a bullion van in the Ado-Ekiti branch of the
bank during the aborted trial before Justice Olatoregun.
Defence counsel told Justice
Aneke that although the testimony of that witness was abruptly stopped by the
prosecution, they never declared him hostile, but has now called the instant
witness (Abidakun) to “cure” the lacuna of that previous witness.
Second defence counsel, Ojo,
described this procedure as prosecutorial misconduct. In response Jacobs who
appeared irked by the assertions of defence counsel said:
“I thank God that my learned
friend is not the one presiding; they have alleged prosecutorial misconduct on
my part, and so. I have to explain to my lord that we did not misconduct
ourselves. It is just because of my relationship with defence counsel,
otherwise, I know what his client (referring to Fayose) would have been going
through by now.
“I know what happened with that
witness; We obtained statements from that witness, he was in the witness box,
only for him to be approached later and asked to change his evidence. He was
visited in his house, and the witness made a statement to the EFCC afterwards,”
he said
At this point, the defence
objected because the prosecutor could not be giving evidence on such a
scenario, as he was not present or an eye witness.
There were subsequently,
objections, replies, and replies on points of law before the court said he
would give an adjournment to enable him to decide on the issues raised.
He consequently, adjourned the
case until Nov. 28 by noon and Nov. 29 by 9 a.m. for ruling and continuation of
trial.
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