Federal High Court rules EFCC failed to establish prima facie case; Justice Aneke upholds no-case submission.
Lagos, Nigeria — The Federal High Court in Lagos has discharged and acquitted former Ekiti State governor, Ayodele Fayose, of all charges related to alleged money laundering and theft of ₦6.9 billion.
Delivering judgment, Justice Chukwujekwu Aneke upheld a no-case submission filed by Fayose’s legal team, ruling that the Economic and Financial Crimes Commission (EFCC) failed to establish any credible link between the former governor and the alleged financial crimes. The court further held that the prosecution had not made a prima facie case sufficient to require Fayose to enter a defence.
Fayose and his company, Spotless Investment Ltd, were re-arraigned on an 11-count charge bordering on money laundering and theft. The EFCC accused him of taking ₦1.2 billion in 2014 for his gubernatorial campaign and receiving a $5 million cash payment from former Minister Musiliu Obanikoro, all allegedly bypassing financial institutions. He was also said to have used over ₦1.6 billion to acquire properties through fronts and companies like De Privateer Ltd and Still Earth Ltd.
Initially arraigned in 2018 before Justice Mojisola Olatoregun, the case was later reassigned to Justice Aneke. The EFCC claimed the funds were linked to the office of the former National Security Adviser.
However, Fayose's lead counsel, Chief Kanu Agabi (SAN), argued in his July 16, 2024 submission that the prosecution's case lacked legal foundation. He pointed out that Abiodun Agbele, a key figure allegedly involved in the offences, was not charged alongside Fayose, a major flaw in the EFCC's case.
“With due respect, the predicate offences on which these charges are based do not hold water,” Agabi told the court. “Criminal breach of trust and conspiracy are distinct offences, and no co-conspirator was charged alongside the defendant.”
The EFCC was represented by Rotimi Jacobs (SAN), while Olalekan Ojo (SAN) appeared for the second defendant, Spotless Investment Ltd.
Justice Aneke, after listening to all arguments, concluded that the EFCC had failed to sufficiently prove any wrongdoing by Fayose and discharged him accordingly.
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