Justice Chukwujekwu Aneke of the Federal High Court in Lagos has fixed July 10, 2025, to deliver a ruling on the no-case submission filed by former Ekiti State Governor, Ayodele Fayose, in his trial over an alleged money laundering and theft amounting to N6.9 billion.
The judge reserved his decision after hearing arguments from Kanu Agabi, SAN, counsel to Mr Fayose; Olalekan Ojo, SAN, representing the 2nd defendant, (Spotless Investment Limited); and Rotimi Jacobs, SAN, counsel to the Economic and Financial Crimes Commission (EFCC).
They were re-arraigned by the EFCC on an 11-count charge.
The alleged offences took place during Mr Fayose’s tenure as governor and involved funds allegedly linked to the office of the former National Security Adviser.
Chief Agabi, urging the court to hold that his client has no case to answer, also argued that the prosecution failed to establish a prima facie case.He
He noted that Abiodun Agbele, who was allegedly involved in the offences, was not jointly tried, weakening the prosecution’s case.
“With due respect, the predicate offences on which these charges are based do not hold water. Criminal breach of trust and conspiracy are distinct, and no co-conspirator was charged alongside the defendant,” Agabi submitted.
The counsel for the 2nd defendant, Olalekan Ojo, SAN, also argued that key prosecution evidence was discredited, particularly that of the 13th prosecution witness, former Minister of State for Defence, Senator Musiliu Obanikoro, who testified that there was no communication between Mr Fayose and then NSA, Col. Sambo Dasuki.
In response, EFCC’s lead counsel, Rotimi Jacobs, SAN, urged the court to dismiss the no-case submissions, arguing that the defence failed to explain the suspicious transactions.
Mr Jacobs questioned why the former governor would not offer his account for transfers if the funds from the NSA were legitimate.
He recalled the testimony from an EFCC investigator, Abubakar Madaki, who told the court that Mr Fayose used associates to acquire multiple properties in Abuja, Lagos, and abroad—individuals who later denied ownership, while the first defendant claimed them in his statement.
“If the money was clean, why not buy the properties in his name?” Mr Jacobs asked.
He also referenced Mr Obanikoro’s testimony that Mr Fayose requested the funds in cash and introduced Abiodun Agbele to facilitate the handover.
Before adjourning the case, Justice Aneke granted the first defendant leave to travel abroad for medical treatment.
Ayodele Fayose was initially arraigned in 2018 before Justice Mojisola Olatoregun (now retired) but the EFCC later secured a transfer of the case to Justice Aneke.
According to the charge, he allegedly took possession of N1.2 billion for his 2014 gubernatorial campaign and received $5 million in cash from Mr Obanikoro, bypassing financial institutions.
He was also accused of laundering various sums, retaining and using over N1.6 billion to acquire properties through proxies and companies such as De Privateer Ltd and Still Earth Ltd., in violation of several provisions of the Money Laundering (Prohibition) Act, 2011.
