A Federal High Court in Lagos on Wednesday fixed November 19 for commencement of the trial of former Governor Ayodele Fayose of Ekiti State after he was granted bail in the sum of N50 million.
Fayose is standing trial on a charge of N6.9 billion electioneering campaign fraud.
He was arraigned on October 22 by the Economic and Financial Crimes Commission (EFCC) alongside his company, Spotless Investment Ltd, on 11 counts.
Fayose, however, pleaded not guilty to the charges and the court ordered his remand in EFCC custody and adjourned the case for hearing of his bail application.
On Wednesday, the former governor’s counsel, Kanu Agabi (SAN), a former attorney general of the federation, moved a motion for the bail of the accused before the court.
He told the court that the application was dated October 22 and brought pursuant to the inherent jurisdiction of the court.
Agabi argued that there was presumption of innocence of an accused until guilt was established, adding that the former governor was eager to see the conclusion of the case before the court and so, would not jump bail.
He told the court that Fayose wilfully submitted himself to the EFCC immediately after leaving office as governor, which showed his readiness to face the charges.
The defence counsel urged the court to grant bail to the accused on self-recognisance as a former governor.
Prosecutor Rotimi Jacobs (SAN), however, objected to the application and informed the court that a counter-affidavit in opposition to bail had been filed.
According to him, although bail is a constitutional right but there are limitations.
“The issue of presumption of innocence has to do with trial and for now, no one is saying he is guilty,” he said.
The counsel said that the prosecution was also eager for an accelerated hearing of the case and urged the court to order an accelerated trial.
In a short ruling, Justice Mojisola Olatoregun noted that the allegations proffered by prosecution in its counter-affidavit were grave, but that the accused would be given a benefit of doubt.
The court, consequently held that “the defendant is admitted to bail in the sum of N50 million with one surety in like sum”.
She added that the surety must present a bond of N50 million from a reputable insurance company or a first line bank, acceptable to the court.
The judge held that there must also be the production of three years tax clearance, while the accused must ensure he attended court for trial unfailingly, otherwise, the bond would be forfeited.
The court ordered that the international passport of the accused should be deposited in the court’s registry.
