Former Ekiti State Governor Ayodele Fayose has formally submitted a no-case application in response to the N6.9 billion fraud charges brought against him by the Economic and Financial Crimes Commission.
The submission was heard by Justice Chukwujekwu Aneke of the Federal High Court in Lagos, who reserved his ruling on the matter.
Fayose was represented by former Attorney General of the Federation, Chief Kanu Agabi (SAN), while Olalekan Ojo (SAN) appeared for Spotless Investment Limited, the second defendant in the case. The EFCC, through its counsel Rotimi Jacobs (SAN), had filed 11 counts of stealing and money laundering against Fayose and the company.
During Monday’s proceedings, Agabi argued that the EFCC failed to establish a prima facie case against the ex-governor. He emphasized that Abiodun Agbele, a key figure in the alleged transactions, was not charged alongside Fayose.
“The predicate offences on which these charges are based do not hold water,” Agabi stated. “Criminal breach of trust and conspiracy are distinct charges, and no co-conspirator was docked with the defendant.”
Ojo, supporting the no-case submission, challenged the credibility of the prosecution’s 13th witness, former Minister of State for Defence Senator Musiliu Obanikoro. He noted that Obanikoro admitted under cross-examination that there was no direct communication between Fayose and former National Security Adviser Col. Sambo Dasuki, weakening the EFCC’s case.
EFCC prosecutor Rotimi Jacobs, however, urged the court to dismiss the no-case submissions, citing a counter-affidavit dated May 8, 2025. He argued that Fayose had not provided satisfactory explanations for suspicious financial transactions, including the use of proxies to acquire properties in Nigeria and abroad.
“If the money was clean, why didn’t he acquire the properties in his name?” Jacobs questioned. He also referenced Obanikoro’s testimony that Fayose personally requested funds in cash and introduced Agbele to handle the delivery, insisting that the allegations required a defence from the accused.
Following arguments, the court granted Fayose permission to travel abroad for medical treatment. Justice Aneke adjourned the case to July 10, 2025, for a ruling on the no-case submission.
Fayose was initially arraigned in 2018 before Justice Mojisola Olatoregun, who retired, leading to the case’s reassignment. The EFCC alleges that Fayose received N1.2 billion for his 2014 election campaign and accepted $5 million in cash from Obanikoro, bypassing financial institutions.
He is also accused of laundering over N1.6 billion through proxies and companies, including De Privateer Ltd and Still Earth Ltd, in violation of the Money Laundering (Prohibition) Act, 2011.