N6.9bn fraud: We’re still probing Fayose, says EFCC
By Peter Fowoyo, Lagos
A Federal High Court, Ikoyi, Lagos on Friday heard that embattled former Governor of Ekiti state, Ayodele Fayose is still under investigation by the Economic and Financial Crimes Commission (EFCC).
Fayose is being prosecuted by the anti -graft agency over N6.9 billion fraud and was first arraigned on October 22, 2018, before Justice Mojisola Olatotegun, alongside a company, Spotless Investment Limited on an 11 –count bordering on fraud and money laundering.
He had pleaded not guilty to the charges and was granted bail on October 24, 2018 in the sum of N50 million with sureties in like sum.
The prosecution had opened trial on Nov. 19, 2018, and had so far called 13 witnesses out of the15 listed.
However, the Chief Judge of the Federal High Court, Justice Adamu Abdu-kafarati transferred the case from Justice Olatoregun, to a new judge, Justice Chukwujekwu Aneke, following a petition by the EFCC seeking a transfer of the case.
Fayose was billed for re-arraignment before Justice Aneke on Friday, but counsel representing the prosecution, S. A. Obafemi asked the court to adjourn the case to a further date.
He said that the commission was still investigating the defendant, adding that at present, there were no clear directives from the commission on the steps to take.
“The matter is coming up for the first time before this court and the information we gathered from our client (EFCC) is that the first defendant is still being investigated for other matters.
“The arraignment will not be possible this morning as we are yet to hear from the complainant on further steps to be taken,” he said.
According to Obafemi, the main prosecutor of the case, Rotimi Jacobs (SAN) was absent in court as a result of the situation. He therefore, urged the court to grant an adjournment.
Responding, defence counsel, Ola Olanipekun (SAN) and Olalekan Ojo (SAN) respectively, opposed the request for adjournment, describing the EFCC as a nominal party to the suit and the federal government the main party.
According to the defence, there must be an end to litigation and the charge cannot lie before the court in perpetuity, adding that the commission has began investigation of the defendant even before expiration of his tenure as governor.
Ojo specifically said: “The prosecutor has cited no law to back up this strange proposition of having this arraignment postponed, just because the prosecution is investigating the defendant for other cases.
“The court has a mandatory duty to prevent persecution of any criminal defendant, as this is the only way the integrity of the criminal justice system can be guaranteed.”
He urged the court to order the charge to be read over to Fayose.
In considering the prayer for adjournment, the court first frowned at the request, on the grounds that the charge was transferred to the court and was slated for re -arraignment today (Friday) which is its main concern.
The judge however, said that since it was not the main prosecutor (Jacobs) who appeared in the case, he would grant an adjournment in the interest of justice.
The court then fixed July 2 for re-arraignment.
