Former Ekiti State Governor, Ayo Fayose, on Monday lost a bid to stop the Economic and Financial Crimes Commission (EFCC) from introducing a new witness in the ongoing N2.2bn fraud trial against him and his firm, Spotless Investment Limited.
Justice Chukwujekwu Aneke of a Federal Court in Lagos dismissed an interlocutory summon by the defence, challenging the evidence of the fifth witness, Johnson Abidakun, head of operations of a branch of a bank in Ado-Ekiti, on the grounds that it lacked merit.
In his ruling, Justice Aneke first addressed the issue of hear-say as raised by defence and held that the oppositions are matters of fact.
The court consequently, held that since the trial before his court is a fresh one, he does not ‘buy’ the arguments that the testimony of the witness amounted to hearsay, adding that the counsel was at liberty to call its witness in a manner it chooses.
Aneke held that calling the fifth prosecution witness to give evidence, cannot, therefore, amount to an abuse of process.
Defence counsel, Olalekan Ojo, had asked the court whether having regards to facts contained in the exhibits; PW5 ought to be allowed to give evidence in respect of facts contained in his extra-judicial statement of May 17, 2019.
Mr Fayose is being prosecuted by the EFCC over fraud and money laundering charges.
Fayose was first arraigned on October 22, 2018, before Justice Mojisola Olatotegun alongside his company, Spotless Investment Ltd, on an 11-count charge.
He had pleaded not guilty to the charges and was granted bail on October 24, 2018, of N50 million with two sureties in like sum.
The defendant was subsequently re-arraigned before Justice Aneke on July 2, 2019, after the case was withdrawn from Justice Olatoregun, following EFCC’s petition on unsatisfactory handling of the case.
Fayose also pleaded not guilty to the charges and was allowed to enjoy his bail.
EFCC says the alleged offences contravene the provisions of sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d), and 18 (c) of the Money Laundering Prohibition Act 2011.
