Thursday, October 20, 2011

EFCC Accuses Fayose of Delaying Trial

The Economic and Financial Crimes Commission, on Wednesday, October 19, 2011, accused a former governor of Ekiti state, Mr. Ayodele Fayose, standing trial on an 80 count charge bordering on corruption and money laundering, of employing delay ploys and antics all aimed at frustrating his trial. Counsel to the EFCC, Rotimi Jacobs, told a Federal High Court sitting in Ado-Ekiti, presided over by Justice E.A,. Obile, that the refusal of the defence counsel to allow trial to proceed owing to an application brought before the court seeking the quashing of the charges preferred against Fayose’s co-accused persons- Spotless Investment Limited, Fayerio Nigeria Limited and Hoff Concept Ltd was a deliberate attempt to prolong his trial.

At the resumed sitting of the court on Wednesday, defence counsel, Abayomi Sadiku, prayed the court to hear an application he filed seeking to quash all the charges preferred against Fayose’s co-accused. Rotimi Jacobs opposed this submission vehemently saying the last adjournment of the court was to resume Fayose’s trial, and not to hear the defence counsel’s application. He also said that he was served the defence’s counsel application in court just before proceedings started. “The motion served on me this morning is not in the business of the court today. The matter is for trial. I have mobilized my witnesses from Lagos . The charge he is challenging was filed in 2009, three years after he is seeking to quash the charges, that application is not ripe for hearing”, he said.

He urged the court to take into cognizance the EFCC Act which demands accelerated hearing of corruption charges. “I urge the court to give effect to the Commission’s Act by giving accelerated hearing to the case.” Jacobs also canvassed that the application can still be taken as the counts which the 2nd and 3rd accused persons wanted the court to drop cannot interfere with the charges against the first accused person and that the witnesses he was presenting were in court because of the first accused person. However counsel to Ayodele Fayose, Otunba K. Kalejaiye, SAN urged the court to dismiss the submission of Rotimi Jacobs, saying that, a matter of jurisdiction and competence of the charge should be given priority.

He also said that it will be wrong to hear the case piecemeal as it was a joint trial. On his part, counsel to the 4thaccused person, Ahmed Tarfa also asked the court not to hear the case, alleging that he was not served all relevant court processes.

The EFCC, re-arraigned Fayose and the three others on an 80 count charge before Justice Obile on July 5, 2011 at the Ekiti Federal High Court after Fayose challenged the jurisdiction of the Federal High Court Lagos on the grounds that the alleged offences were committed in Ekiti State . The case was subsequently transferred to Ekiti State where it started denovo. Fayose was first arraigned in 2009 on charges of corruption and money laundering.

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