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By Lizzy Chirkpi
The much-anticipated ruling on the no-case submission filed by former Ekiti State governor, Ayodele Fayose on Thursday, July 10, 2025 suffered a setback following its postponement due to the absence of the presiding judge, Justice Chukwujekwu Aneke of the Federal High Court, Ikoyi, Lagos.
Justice Aneke was scheduled to deliver a ruling on whether Fayose and his company, Spotless Investment Limited, had a case to answer regarding an 11-count charge bordering on alleged money laundering and stealing of N6.9 billion. However, proceedings were stalled after the court was informed that the judge had received an “official emergency call requiring his attention.”
Recall that the Economic and Financial Crimes Commission (EFCC) re-arraigned Fayose and Spotless Investment Limited on July 2, 2019. They were first arraigned on October 22, 2018, before Justice Mojisola Olatoregun before the case was transferred.
At the last sitting on May 19, 2025, Fayose’s lead counsel, Chief Kanu Agabi, SAN, had moved a no-case submission dated May 16, 2025. He argued that the EFCC failed to establish a prima facie case against his client, urging the court to dismiss the charges.
Agabi also questioned the decision not to charge one Abiodun Agbele, whom he described as a co-conspirator in the alleged fraud.
“The predicate offences on which these charges are based do not hold water, it is a criminal breach of trust and conspiracy are distinct charges, and no co-conspirator was docked with the defendant,” he told the court.
Similarly, counsel to the second defendant, Spotless Investment Limited, Olalekan Ojo, SAN, also adopted the no-case submission and asked the court to uphold it.
In response, EFCC’s lead prosecutor, Rotimi Jacobs, SAN, urged the court to reject the no-case submissions, insisting the prosecution had established enough grounds to proceed to defence.
Jacobs referenced the EFCC’s counter-affidavit and written address dated May 8, 2025, arguing that the defendants failed to explain suspicious financial transactions linked to them.
He further questioned Fayose’s refusal to use his personal bank account for the transactions, stating, “If they were clean, why not use his own account?”
Jacobs also pointed to the testimony of EFCC investigator Abubakar Madaki, who told the court that Fayose used third parties to acquire properties in Nigeria and abroad—individuals who later denied owning the assets.
“These are associates who later denied ownership of the properties, even though Fayose had claimed them in his statement,” Jacobs argued.
He also drew attention to the testimony of former Minister of State for Defence, Musiliu Obanikoro, who told the court that Fayose personally requested the funds and introduced Agbele to handle the cash delivery.
According to Jacobs, the testimony “required a defence from the accused.”
Following these arguments, Justice Aneke had adjourned the matter till July 10, 2025, for ruling on the no-case submission. With the latest delay, a new date for the ruling is expected to be announced.
Dele Oyewale, EFCC’s Head of Media and Publicity, confirmed the development in a statement on Thursday.