Ex-Gov of Ekiti State, Fayose.
By Ibeawuchi Uwaleke
The immediate past governor of Ekiti State, Mr. Ayodele Fayose on Tuesday July 2, 2019 started another round of trial when a Federal High Court, Ikoyi, Lagos re-arraigned him for the second time before another judge, Justice Chukwujekwu Aneke after the ex-governor was first arraigned before Justice Mojisola Olateregun on October 22, 2018.
After the first arraignment, his trial commenced in earnest with 13 out of 15 witnesses called by the Prosecution, before the complainant, Economic and Financial Crimes Commission (EFCC) suddenly petitioned the Chief Judge of the court, Justice Adamu Abdul-Kafarati to transfer the matter to another judge, after alleging likelihood of bias.
The Defence protested vehemently to this manner of transfer in a matter that was almost drawing to a close, but later succumbed to the second arraignment after it learnt that Justice Olatoregun was retiring from the Bench by November after the court’s vacation.
As a result of the foregoing, Fayose submitted himself for the second arraignment on Tuesday after consulting with his lawyers, Professor Ola Olanipekun (SAN) and Mr. Olalekan Ojo (SAN).
At the arraignment the former governor was presented with an 11-count charge for which he maintained his innocence by pleading not guilty again to a fraud case of N6.9 billion.
Justice Aneke who entered Fayose’s existing bail as the order of the court, also granted him permission to travel abroad for medical treatment.
While delivering his ruling Justice Aneke asked Fayose who is going to South Africa to attend to his health to return his travel document to the court on or before September 16, 2019.
The Economic and Financial Crimes Commission, EFCC, had earlier presented the former governor for re-arraignment on an 11 count-charge bordering on money laundering and conspiracy to the tune of N6.9bn.
When the charge was read to him, he pleaded not guilty to same and was granted bail on the same terms and conditions earlier granted by the former trial judge, Justice Mojisola Olatoregun.Justice Aneke then adjourned the matter until September 16, 19 of September and 21 and 25 October, 2019 for another round of trial trial.The charge preferred against Fayose who was re-arraigned alongside his company, Spotless Ltd reads;
*That you MR. AYODELE FAYOSE and MR. ABIODUN AGBELE (now facing another charge) on or about 17th June, 2014 in Lagos, within the jurisdiction of this Honourable Court, took possession of the sum of N1, 219, 000, 000.00 (One Billion, Two Hundred and Nineteen Million Naira) to fund your 2014 gubernatorial campaign in Ekiti State, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) and (4) of the same Act.*That you MR. AYODELE FAYOSE on or about 17th June, 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through the financial institution received cash payment in the sum of $5, 000, 000 (Five Million Dollars) from SENATOR MUSILIU OBANIKORO, the then Minister of State for Defence, which sum exceeded the amount authorised by law and you thereby committed an offence contrary to Sections 1 and 16 (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 16 (2) (b) of the same Act.*That you MR. AYODELE FAYOSE on or about 7th April, 2015 in Lagos, within the jurisdiction of this Honourable Court, did retain in your fixed deposit account No: 9013074033 with (name withheld), the sum of N300, 000, 000.00 (Three Hundred Million Naira) which sum you reasonably ought to have known formed part of proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.*That you MR. AYODELE FAYOSE and SPOTLESS LIMITED between 17th June, 2014 and 4th August, 2014 in Lagos, within the jurisdiction of this Honourable Court, took control of an aggregate sum of N317, 000, 000.00 (Three Hundred and Seventeen Million Naira) by depositing same into the (name witheld) Account No: 1010170969 belonging to SPOTLESS INVESTMENT LIMITED, a company controlled by you and members of your family and which sum you reasonably ought to have known formed part of proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.*That you MR. AYODELE FAYOSE between 26th June, 2014 and 27th August, 2014 in Lagos, within the jurisdiction of this Honourable Court, took control of an aggregate sum of N305, 760, 000.00 (Three Hundred and Five Million, Seven Hundred and Sixty Thousand Naira) in your (name withheld) Account No: 1003126654 which sum you reasonably ought to have known formed part of proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.*That you MR. AYODELE FAYOSE between 18th June, 2014 and 23rd June, 2014 within the jurisdiction of this Honourable Court, did procure DE-PRIVATEER LIMITED and one ABIODUN AGBELE to retain in their Account No: 1013835889 domiciled with (name withheld), Apapa branch, Lagos, an aggregate sum of N719, 490, 000.00 (Seven Hundred and Nineteen Million, Four Hundred and Ninety Thousand Naira) on your behalf, which sum formed parts of proceed of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 18 (c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.*That you MR. AYODELE FAYOSE and SPOTLESS LIMITED on or about 4th August, 2014, within the jurisdiction of this Honourable Court, did use the sum of N270, 000, 000.00 (Two Hundred and Seventy Million Naira) to acquire a property at Plot 1504, Yedsema Street, Maitama, Abuja from one RABI KUNDILI, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.*That you MR. AYODELE FAYOSE between 12th November, 2014 and 20th August, 2015, within the jurisdiction of this Honourable Court, did use an aggregate sum of N1, 151, 711, 573 (One Billion, One Hundred and Fifty One Million, Seven Hundred and Eleven Thousand, Five hundred and Seventy Three Naira) to acquire chalets 3 and 4, 6 and 9 of the property situated at Plot 100 Tiamiyu Savage Street, Victoria Island, Lagos in the name of JJ TECHNICAL SERVICE, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.*That you MR. AYODELE FAYOSE between 23rd April, 2015 and 30th April, 2015 within the jurisdiction of this Honourable Court, did use an aggregate sum of N200, 000, 000.00 (Two Hundred Million Naira) to acquire a property known as No, 44 Osun Crescent, Maitama, Abuja as in the name of MOJI OLADEJI (your elder sister), which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.
*That you MR. AYODELE FAYOSE between 23rd April, 2015 and 30th April, 2015 within the jurisdiction of this Honourable Court, did use an aggregate sum of N270, 000, 000.00 (Two Hundred and Seventy Million Naira) to acquire a property known as Plot 1504 Yedseram Street, Maitama, Abuja in the name of SPOTLESS INVESTMENT LIMITED, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act and “That you MR. AYODELE FAYOSE on or about 30th January, 2015 within the jurisdiction of this Honourable Court, did procure STILL EARTH LIMITED to retain in its account with First City Monument Bank (FCMB), the sum of N132, 500, 000.00 (One Hundred and Thirty Two Million, Five Hundred Thousand Naira) for your benefit, which sum formed part of the proceeds of your unlawful activity, to wit: gratification which you received from SAMCHASE NIGERIA LIMITED and you thereby committed an offence contrary to Section 18 (c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.
