N1.3bn fraud: EFCC arraigns Fayose

Posted by admin EFCC Politics, Ekiti, Headlines, Raw Politics, State News Wednesday, October 19th, 2011

Erstwhile Governor of Ekiti State, Mr Ayodele Fayose was on Wednesday arraigned at the Federal High Court, Ado-Ekiti by the officials of the Economic and Financial and Crimes Commission, EFCC, for alleged diversion of Ekiti State fund to the tune of N1.3 billion while in office.

The case with number FHC/L/179c/2006, brought before Justice Emmanuel Obile of the Federal High Court, Ado-Ekiti was, however, adjourned till November 30 for the substantive case following an objection raised by counsel to the first accused in the case, Mr Kunle Kalejaye (SAN) on the issue of jurisdiction.

Appearing for the EFCC include Rotimi Jacob , Tayo Olukotun , Adebisi Adeniyi and others, while Kunle Kalejaye (SAN) led others including Owoseni Ajayi , Yakubu Dauda, Bimpe Olatemiju and Adetunji Muraino , and Ahmed Tafa represented the fourth accused. According to the presiding judge, Justice Emmanuel Obile, the adjournment became necessary based on argument of jurisdiction raised by the counsel to the accused persons.

He added that the court was to also allow the application filed by the counsel to the second and third accused persons, on the point that necessary case files have been served on him. The judge overruled the objection raised by prosecuting counsel against issue of jurisdiction. The prosecuting counsel, Rotimi Jacob had called for the substantive case to be heard yesterday and today, which involved the first accused person.

Going by his words, he had come for the substantive case to be heard, which was why he had brought two of his witnesses from Lagos and that they were around in the court. But, almost immediately, counsel to the second and third accused persons, Abayomi Sadiku had moved that based on his application, court should quash the case against his clients, since they have not been served with details of the case files slated for yesterday.

Also, counsel to the 4th accused person, Ahmed Tafa had equally raised objection for the hearing to continue on the case, saying that his client was not served with all necessary files relating to the case. The prosecuting counsel, Rotimi Jacob argued that the new application over the amended charge, which prevented the hearing to continue, was just served on him yesterday. He argued that his office and that of defense counsel were close by in Lagos , saying that the fresh motion could not be for today, because there was no date, and therefore not ripe for hearing.
“I have mobilized my witnesses from Lagos to come and give evidence on the case, noting that the case has been on for over three years, and therefore should not call for any objection.

He said further that according to EFCC Act, Section 19/40 says that the Commission’s case must be given accelerated hearing. Jacob, who wanted the case to be heard expeditiously, prayed the court that the substantive case be heard. Also, Kunle Kalejaye (SAN) pointed out that the matter was between the state and the accused, and that the case was a joint one, which could not be separated, or in piecemeal.

He said where the issue of jurisdiction is raised, it must be first determined.

-Sunwp_posts