Fayose in court, granted bail

Akin Kuponiyi

The embattled former Governor of Ekiti State, south west Nigeria, Mr Ayodele Fayose with his company Spotless Limited, standing trial before a Federal high court in Lagos for alleged money laundering offences was this morning granted bail.

His counsel Mr Kanu Agabi SAN,appearing for Fayose in his submission urged the court to grant the accused former Governor bail on the ground that he voluntarily submitted himself to EFCC a day after leaving office as Governor of Ekiti State. In addition Fayose has no criminal record. However,the EFCC prosecutor Mr Rotimi Jacobs, SAN, in his response stoutly opposed the bail application on the ground that the day Fayose appeared in EFCC Abuja he came with a lot of hoodlums that nearly attacked the EFCC operatives before they were repelled. In addition, Jacobs told the court that investigation is still on going to trace some of the properties bought by Fayose with the proceeds of the unlawful activities. Therefore if granted bail, Jacobs argued that Fayose would scuttle investigation activities and tamper with witnesses. The lawyer, thus, urged the court not to grant him bail.

In her ruling,after listening to the submission of the two parties, the Presiding judge, Justice Mojisola Olatoregun said the granting of bail is at the discretion of the court, the offence alleged to have been committed is a bailable offence therefore, “I am inclind to grant him bail.” Cconsequently the Judge granted Fayose bail in the sum of N50 million with one surety who must own a landed property in Lagos. The surety must possess three years tax clearance and must also secure a bond of N50 million from a reputable bank which will be forfeited if Fayose jumps bail. Fayose was also ordered to swear to an affidavit not to tamper with the witnesses and should deposit his international passport with the Chief Registrar of the court. Thereafter, Justice Olatoregun adjourned till 19th of Novenber, 2018 for trial to commence

Fayose and his company Spotless Limited were last Monday arraigned before a Federal high court in Lagos by EFCC on eleven- count criminal charge of breach of trust and stealing of N4.6 billion and $5 million. He and his company pleaded not guilty.

In the eleven-count charge filed before the court by the EFCC legal officer Mr A B Ozioko,it was alleged:

“MR. AYODELE FAYOSE and MR. ABIODUN AGBELE (now facing another charge) on or about 17th June, 2014 in Lagos, within the jurisdiction of this Honourable Court, took possession of the sum of N1, 219, 000, 000.00 (One Billion, Two Hundred and Nineteen Million Naira) to fund his 2014 gubernatorial election campaign in Ekiti State, the sum which he reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) and (4) of the same Act.

“ MR. AYODELE FAYOSE on or about 17th June, 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through the financial institution received cash payment in the sum of $5, 000, 000 (Five Million Dollars) from SENATOR MUSILIU OBANIKORO, the then Minister of State for Defence, which sum exceeded the amount authorised by law and you thereby committed an offence contrary to Sections 1 and 16 (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 16 (2) (b) of the same Act.

“ It was also alleged that between June 2014 and April 2015 MR. AYODELE FAYOSE did retain in his bank account,and account of Spotless limited a company control by him and members of his family the sum of N1,841,000,000 which sum he reasonably ought to have known formed part of proceeds of an unlawful act, to wit: criminal breach of trust/stealing and thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

“That you MR. AYODELE FAYOSE between 18th June, 2014 and 23rd June, 2014 within the jurisdiction of this Honourable Court, did procure DE-PRIVATEER LIMITED and one ABIODUN AGBELE to retain in their bank Account an aggregate sum of N719, 490, 000.00 (Seven Hundred and Nineteen Million, Four Hundred and Ninety Thousand Naira) on his behalf, which sum formed parts of proceed of an unlawful act, to wit: criminal breach of trust/stealing and thereby committed an offence contrary to Section 18 (c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

“AYODELE FAYOSE and SPOTLESS LIMITED on or about 4th August, 2014 did use the sum of N270, 000, 000.00 (Two Hundred and Seventy Million Naira) to acquire a property at Plot 1504, Yedsema Street, Maitama, Abuja from one RABI KUNDILI, which sum he reasonably ought to have known formed part of the criminal act, while he was also accused of using illicit funds of an aggregate sum of N1, 151, 711, 573 (One Billion, One Hundred and Fifty One Million, Seven Hundred and Eleven Thousand, Five hundred and Seventy Three Naira) to acquire chalets 3 and 4, 6 and 9 of the property situate at Plot 100 Tiamiyu Savage Street, Victoria Island, Lagos in the name of JJ TECHNICAL SERVICE.

“MR. AYODELE FAYOSE between 23rd April, 2015 and 30th April, 2015 within the jurisdiction of this Honourable Court, did use an aggregate sum of N200, 000, 000.00 (Two Hundred Million Naira) to acquire a property known as No. 44, Osun Crescent, Maitama, Abuja in the name of MOJI OLADEJI (his elder sister), which sum he reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

“In count 10,the prosecutor alleged that MR. AYODELE FAYOSE between 23rd April, 2015 and 30th April, 2015 within the jurisdiction of this Honourable Court, did use an aggregate sum of N270, 000, 000.00 (Two Hundred and Seventy Million Naira) to acquire a property known as Plot 1504 Yedseram Street, Maitama, Abuja in the name of SPOTLESS INVESTMENT LIMITED, which sum he reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

“MR. AYODELE FAYOSE on or about 30th January, 2015 did procure STILL EARTH LIMITED to retain in its account with First City Monument Bank (FCMB), the sum of N132, 500, 000.00 (One Hundred and Thirty Two Million, Five Hundred Thousand Naira) for his benefit, which sum formed part of the proceeds of his unlawful activity, to wit: gratification which he received from SAMCHASE NIGERIA LIMITED and thereby committed an offence contrary to Section 18 (c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.