UPDATED: Fayose Gets Bail, Faces Trial, Nov. 19

A Federal High Court in Lagos on Wednesday fixed Nov. 19 for the
trial of ex-Ekiti Governor, Ayodele Fayose to commence, 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 Oct. 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 Defence Counsel, Mr 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 Oct. 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 willfully 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.

However, the Prosecutor Mr Rotimi Jacobs (SAN), 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.

Jacobs also opposed the application for bail on
self-recognisance, on the grounds that being a former governor was
not a yardstick for granting bail as it did not guarantee
attendance of the accused in court.

He expressed his concern that intelligence reports revealed that
the accused would interfere with witnesses and proceedings and
might jump bail if granted.

Jacobs urged the court to refuse Fayose bail on the arguments he
canvassed.

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.

She adjourned the case until Nov. 19 for trial.

According to the charge, on June 17, 2014, Fayose and Agbele
were said to have taken possession of the sum of N1.2 billion, for
purposes of funding his gubernatorial election campaign in Ekiti
State, which sum they reasonably ought to have known formed part of
crime proceeds.

Fayose was alleged to have received a cash payment of five
million dollars (about N1.8 billion) from the then Minister of
State for Defence, Sen. Musiliu Obanikoro, without going through
any financial institution and which sum exceeded the amount allowed
by law.

He was also alleged to have retained N300 million in his Zenith
Bank account and also took control of the aggregate sums of about
N622 million, which sum he ought to have known, formed part of
crime proceeds.

Fayose was alleged to have procured De Privateer Ltd. and Still
Earth Ltd., to retain in their Zenith and FCMB accounts, the
aggregate sums of N851 million which they reasonably ought to have
known formed part of crime proceeds.

Besides, the accused was alleged to have used the aggregate sums
of about N1.6 billion to acquire properties in Lagos and Abuja,
which sums he reasonably ought to have known formed part of crime
proceeds.

The accused was also alleged to have used the sum of N200
million, to acquire a property in Abuja, in the name of his elder
sister, Moji Oladeji, which sum he ought to know also formed crime
proceeds.

The offences contravened 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.