Justice Chukwujekwu Aneke of the Federal High Court in Lagos has reserved his ruling on the no-case submission filed by former Ekiti State Governor, Ayodele Fayose, in his ongoing trial for alleged fraud and money laundering involving ₦6.9 billion.
The decision was postponed after extensive arguments were presented by Chief Kanu Agabi, SAN, representing Fayose (1st defendant); Olalekan Ojo, SAN, counsel to the 2nd defendant, Spotless Investment Limited; and Rotimi Jacobs, SAN, representing the Economic and Financial Crimes Commission (EFCC).
Fayose and his company were re-arraigned on an 11-count charge brought by the EFCC, centering on alleged financial crimes that reportedly took place during his tenure as governor, with funds traced to the former National Security Adviser’s office.
Chief Agabi, adopting the no-case submission dated July 16, 2025, argued that the EFCC had failed to establish a prima facie case against his client.
“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.
He also pointed out that a key figure, Abiodun Agbele—allegedly involved in the transactions—was not jointly prosecuted, which, in his view, undermined the prosecution’s case.
Similarly, Olalekan Ojo, SAN, counsel for Spotless Investment Limited, adopted his no-case submission dated March 21, 2025, along with supporting documents filed on May 16.
Ojo highlighted inconsistencies in the prosecution’s evidence, particularly discrediting the testimony of the 13th prosecution witness, Senator Musiliu Obanikoro, who confirmed that there was no communication between Fayose and then National Security Adviser, Col. Sambo Dasuki.
In rebuttal, EFCC counsel Rotimi Jacobs, SAN, urged the court to reject both no-case submissions.
Jacobs, adopting the EFCC’s counter-affidavit and written address dated May 8, 2025, asserted that the defence had not provided credible explanations for suspicious financial transactions.
“If the money was clean, why not buy the properties in his name?” Jacobs asked.
He recalled EFCC investigator Abubakar Madaki’s testimony that Fayose used associates to acquire properties in Abuja, Lagos, and abroad—individuals who later denied ownership, while Fayose claimed the properties in his statement.
Jacobs also referenced Obanikoro’s testimony that Fayose had requested the funds in cash and introduced Agbele to facilitate the transaction, emphasizing that Fayose had questions to answer.
Following the arguments, Chief Agabi secured leave from the court for Fayose to travel abroad for medical treatment.
Justice Aneke adjourned the matter until July 10, 2025, for a ruling on the no-case submission.
Fayose was first arraigned in 2018 before Justice Mojisola Olatoregun before the case was transferred to Justice Aneke at the EFCC’s request.
According to the EFCC, Fayose allegedly took ₦1.2 billion for his 2014 gubernatorial campaign and accepted $5 million in cash from Obanikoro, bypassing financial institutions.
He is further accused of laundering over ₦1.6 billion and using proxies and firms such as De Privateer Ltd. and Still Earth Ltd. to acquire properties, allegedly in violation of the Money Laundering (Prohibition) Act, 2011.
