The Federal High Court in Lagos on Friday fixed 22 March for continuation of the money laundering trial of a former Governor of Ekiti State, Ayodele Fayose.
The trial judge, Chukwujekwu Aneke, told the prosecutor for the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs, to inform an ex-official of the EFCC who had earlier testified as a prosecution witness in the case, to appear for cross-examination on 22 March.
Mr Fayose is being prosecuted by the EFCC alongside a company, Spotless Investment Ltd., on 11 counts of N6.9 billion fraud and money laundering.
When the case was called on Friday, Mr Jacobs, a Senior Advocate of Nigeria (SAN), appeared for the EFCC, while Messrs Ola Olanipekun, a SAN, and Olalekan Ojo, also a SAN, appeared for the first and second defendants, respectively.
Mr Jacobs told the court that his 13th witness, Aliyu Madaki, who is to be cross-examined by the defence, was held up in Jos, the Plateau State capital, and unable to attend court.
He also told the court that the witness was no longer an employee of the EFCC.
Mr Jacobs said the witness now resides in Nasarawa State.
The prosecution informed the court that the witness had pleaded for another chance to be present on 28 March, a date the court had already scheduled for continuation of trial in the case.
Mr Jacobs, however, said he had just discovered that the court would be on Easter vacation by then, and he consequently, prayed for a new date.
Meanwhile, the second defence counsel, Mr Ojo, expressed displeasure at the absence of the witness, on the grounds that it showed great disrespect to the court.
Mr Ojo insisted that whatever issues preventing the witness from attending court did not happen today and so the prosecutor could not have kept silent till today before informing the prosecuting counsel.
In support of this position, the first defence counsel, Mr Olanipekun, also expressed dissatisfaction on the grounds that the prosecutor ought to treat the matter with the importance it deserved and informed the prosecutor earlier.
Although the prosecutor insisted that a date in March would not be sufficient for him to ensure attendance of the witness, the judge told the prosecutor to inform the witness that it is an order from the court.
Consequently, the court fixed 22 March for cross examination, and ordered the prosecutor to produce his witness on that date.
The court also fixed further dates of 25 and 26 April 25 and April for continuation of trial.
Mr Fayose is being prosecuted by the EFCC for alleged N6.9 billion fraud and money laundering.
He was first arraigned on 22 October 2018, before the former trial judge, Mojisola Olatotegun.
He was arraigned alongside his company, Spotless Investment Ltd., on 11 counts of fraud and money laundering.
Mr Fayose pleaded not guilty to the charges, and was granted bail on 24 October 2018, in the sum of N50 million with sureties in like sum.
The defendants were re-arraigned before the new judge, Chukwujekwu Aneke, on 2 July 2019, after the case was withdrawn from Ms Olatoregun, following a petition by the EFCC.
Mr Fayose, again, pleaded not guilty before Aneke, who allowed him to continue on the bail granted him by Ms Olatoregun.
The EFCC has since opened its case before the new judge and has since been calling its witnesses.
According to the charges filed by the commission, Mr Fayose and one of his aides, Abiodun Agbele, on 17 June 2014, took unlawful possession of N1.2 billion for the purpose of funding his governorship election campaign in Ekiti State.
The commission alleged that the sum formed part of crime proceeds.
Mr Fayose is also alleged to have received a cash payment of $5 million from the then Minister of State for Defence, Musiliu Obanikoro, without going through any financial institution.
The EFCC also alleged that the former governor retained N300 million in his bank account and took control of the aggregate sums of about N622 million which formed part of crime proceeds.
It added that Mr Fayose got De Privateer Ltd. and Still Earth Ltd. to retain aggregate sums of N851 million which formed part of crime proceeds.
The commission also accused Mr Fayose of using about N1.6 billion crime proceeds to acquire property in Lagos and Abuja.
The former governor also allegedly used N200 million crime proceeds to acquire a property in Abuja in the name of his elder sister, Moji Oladeji.
The alleged offences, EFCC said, contravened sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d) and 18 (c) of the Money Laundering Prohibition Act, 2011. (NAN)