Former Ekiti State Governor, Ayo Fayose, has filed a no-case submission in response to the N6.9bn fraud charges brought against him by the Economic and Financial Crimes Commission.
Justice Chukwujekwu Aneke of the Federal High Court in Lagos heard the no-case submission and subsequently reserved a ruling on it.
Fayose was represented by a former Attorney General of the Federation, Chief Kanu Agabi (SAN), while Olalekan Ojo (SAN) reprsented Spotless Investment Limited joined as the second defendant.
The EFCC through its lawyer, Rotimi Jacobs (SAN), pressed 11 counts, bordering on stealing and money laundering, against Fayose and the firm.
At Monday’s proceedings, Fayose’s counsel, Agabi, argued the no-case submission dated July 16, 2025, insisting the EFCC had failed to establish a prima facie case against the ex-governor.
Agabi also pointed out that a central figure 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 charges, and no co-conspirator was docked with the defendant.”
The second defence counsel, Ojo, adopted the no-case submission filed on March 21, 2025, and supported by further documents on May 16.
He argued that the credibility of the prosecution’s 13th witness, former Minister of State for Defence, Senator Musiliu Obanikoro, had been seriously eroded.
Ojo noted that Obanikoro had admitted under cross-examination that there was no direct communication between Fayose and the former National Security Adviser, Col. Sambo Dasuki, undermining the prosecution’s narrative.
In response, EFCC prosecutor, Rotimi Jacobs (SAN), urged the court to dismiss the no-case submissions.
He cited a counter-affidavit and written address dated May 8, 2025, arguing that the defendants had failed to explain suspicious financial transactions.
Jacobs questioned why Fayose did not use his personal bank account for the transactions if they were legitimate.
He cited the testimony of EFCC investigator Abubakar Madaki, who stated that Fayose used associates to purchase properties both in Nigeria and abroad — associates who later denied ownership of the properties, even though Fayose had claimed them in his statement.
“If the money was clean, why didn’t he acquire the properties in his name?” Jacobs asked.
He added that Obanikoro’s testimony that Fayose personally requested the funds in cash and introduced Agbele to handle the delivery required a defence from the accused.
Following the conclusion of arguments, the court granted Fayose permission to travel abroad for medical treatment, as requested by Agabi.
Justice Aneke 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 later retired. The case was subsequently reassigned to Justice Aneke.
The EFCC alleges that Fayose received N1.2bn to finance his 2014 election campaign and took $5m in cash from Obanikoro, bypassing financial institutions.
He was also accused of laundering over N1.6bn through proxies and companies including De Privateer Ltd and Still Earth Ltd — all in contravention of the Money Laundering (Prohibition) Act, 2011.
