Former Governor of Ekiti State, Ayodele Fayose, has filed a no-case submission in response to the N6.9 billion fraud and money laundering charges brought against him by the Economic and Financial Crimes Commission (EFCC).
The submission was heard by Justice Chukwujekwu Aneke at the Federal High Court in Lagos, who has now reserved his ruling.
Fayose is standing trial alongside Spotless Investment Limited, which is joined as the second defendant. He is represented by a former Attorney General of the Federation, Chief Kanu Agabi (SAN), while the company is represented by Olalekan Ojo (SAN).
The EFCC, represented by Senior Advocate of Nigeria Rotimi Jacobs, has levelled 11 counts against the defendants, bordering on conspiracy, stealing, and money laundering.
At Monday’s proceedings, Agabi, arguing the no-case submission dated 16 July 2025, maintained that the EFCC had failed to establish a *prima facie* case against the former governor. He further contended that a key player in the alleged transactions, Abiodun Agbele, was not charged alongside Fayose.
“The predicate offences on which these charges are based do not hold water,” Agabi said. “Criminal breach of trust and conspiracy are distinct offences, yet no co-conspirator was charged with the defendant.”
Ojo, representing the second defendant, adopted a separate no-case submission dated 21 March 2025, supported by additional documents submitted on 16 May. He argued that the credibility of the prosecution’s 13th witness, former Minister of State for Defence, Senator Musiliu Obanikoro, had been significantly undermined during cross-examination.
Ojo pointed out that Obanikoro admitted there was no direct communication between Fayose and the former National Security Adviser, Col. Sambo Dasuki (retd.), weakening the EFCC’s narrative.
In response, EFCC counsel Rotimi Jacobs urged the court to dismiss the no-case submissions. He referenced a counter-affidavit and written address filed on 8 May 2025, asserting that the defendants failed to account for suspicious financial transactions.
Jacobs questioned why Fayose had not used his personal bank account for the transactions if they were above board. He also cited evidence from EFCC investigator Abubakar Madaki, who stated that properties were acquired through proxies who later disclaimed ownership—despite Fayose admitting ownership in his own statement.
“If the money was legitimate, why did he not purchase the properties in his own name?” Jacobs asked.
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He added that Obanikoro’s testimony—that Fayose personally requested cash and introduced Agbele to facilitate delivery—necessitated a formal defence by the accused.
At the conclusion of arguments, the court granted Fayose permission to travel abroad for medical treatment, based on a request by Agabi.
Justice Aneke adjourned the matter until **10 July 2025** for ruling on the no-case submission.
Fayose was initially arraigned in 2018 before Justice Mojisola Olatoregun, who retired, leading to a reassignment of the case to Justice Aneke.
The EFCC alleges that Fayose received ₦1.2 billion to finance his 2014 election campaign and accepted $5 million in cash from Obanikoro, bypassing official banking procedures. He is also accused of laundering over ₦1.6 billion via proxies and companies such as De Privateer Ltd and Still Earth Ltd, in violation of the Money Laundering (Prohibition) Act, 2011.
