Former Ekiti State Governor Ayodele Fayose has formally submitted a no-case submission in response to the N6.9 billion fraud charges brought against him by the Economic and Financial Crimes Commission (EFCC), okay.ng reports.
The submission was heard on Monday before Justice Chukwujekwu Aneke of the Federal High Court in Lagos, who has since reserved judgment.
Fayose, represented by Chief Kanu Agabi (SAN), a former Attorney General of the Federation, argued that the EFCC failed to establish a prima facie case. Agabi emphasized that a key figure in the alleged transactions, Abiodun Agbele, was not charged alongside Fayose, undermining the prosecution’s case. “The predicate offences on which these charges are based do not hold water,” Agabi stated. “Criminal breach of trust and conspiracy are distinct charges, and no co-conspirator was docked with the defendant.”
Spotless Investment Limited, the second defendant, was represented by Olalekan Ojo (SAN), who adopted a no-case submission filed earlier in March and supported by additional documents in May. Ojo challenged the credibility of the prosecution’s 13th witness, former Minister of State for Defence Senator Musiliu Obanikoro, highlighting that Obanikoro admitted under cross-examination there was no direct communication between Fayose and former National Security Adviser Col. Sambo Dasuki.
EFCC prosecutor Rotimi Jacobs (SAN) urged the court to dismiss the no-case submissions, citing a counter-affidavit and written address dated May 8, 2025. Jacobs questioned why Fayose did not use his personal bank account for the transactions if legitimate, referencing testimony from EFCC investigator Abubakar Madaki that Fayose used proxies to acquire properties both domestically and abroad, which were later denied by the associates.
“If the money was clean, why didn’t he acquire the properties in his name?” Jacobs asked. He further noted Obanikoro’s testimony that Fayose personally requested cash funds and introduced Agbele to handle delivery, which requires a defense from the accused.
Following the arguments, Justice Aneke granted Fayose permission to travel abroad for medical treatment and adjourned the matter to July 10, 2025, for ruling on the no-case submission.
Fayose was initially arraigned in 2018 before Justice Mojisola Olatoregun, who retired, leading to reassignment to Justice Aneke. The EFCC alleges Fayose received N1.2 billion to fund his 2014 election campaign and took $5 million in cash from Obanikoro, bypassing financial institutions. He is also accused of laundering over N1.6 billion through proxies and companies including De Privateer Ltd and Still Earth Ltd, violating the Money Laundering (Prohibition) Act, 2011.
