Tag: Fayose

A move by the PDP candidate in the June 21 governorship election in Ekiti State, Mr. Ayodele Fayose, to have his trial for fraud shelved till after the poll, has hit the rocks.

The Federal High Court on Thursday rejected Mr. Fayose’s prayer to defer his trial for alleged N416 million fraud until after the election.

He said he needed to concentrate on prosecuting his governorship ambition.

But the Economic and Financial Crimes Commission (EFCC) which is prosecuting him said it was in Fayose’s best interest to stand trial before the poll to enable Ekiti citizens make up their minds on him.

Mr. Wilson Uwujaren, spokesman for the EFCC said in a statement that counsel to the former governor, Mr. Raji Ahmed (SAN) prayed the court to adjourn the matter till the first week in July to allow his client concentrate on his electoral campaign.

He said: “Ahmed argued that the accused must be presumed innocent until proven guilty.

“The request was, however, turned down by Justice Adamu Hobon after a strong objection by the counsel to the EFCC, Rotimi Jacobs (SAN), who said an accelerated hearing of the matter would help Fayose.”

Jacobs said: “It would be in the interest of the accused person, so that his people can make up their mind about him and his name cleared before the election”.

Justice Hobon, thereafter, adjourned the matter till May 6, 2014 for continuation of trial.

The court admitted eight documents as exhibits by the prosecution.

The documents admitted were Certificate of Identification of Biological Concept Nigeria Limited; Account Statement of Biological Concept Nigeria Limited; Account Opening document of Biological Concept Limited; Account Statement of Avians Specialties Nigeria Limited and Account Opening document of Avians Specialties- all with Skye Bank Plc.

Others were Certificate of Account of People’s Democratic Party, Ekiti State at Keystone Bank, the Account Opening form of the party and Statement of Account.

Five of the documents involving Skye Bank were presented before the court by a prosecution witness, Mr. Emmanuel Olajide Alejo, who was led in evidence by Jacobs.

The EFCC counsel urged the court to admit the documents as exhibits.

He said the witness could not produce the original of the documents owing to short notice.

The witness had earlier told the court that he was instructed to prepare the documents for witnessing two days before he appeared in court.

His words: “For me to produce the original of the documents, the management of the bank will have to sit, deliberate and agree before the documents can be released and this will not meet the time the court is supposed to sit”.

This claim was, however, opposed by Ahmed on the grounds that, the reason offered by the witness was not tenable in law.

According to him, even with the short time frame, the management of the bank should have released the original of the documents.

In his ruling, Justice Hobon said: “Looking through the Evidence Act 83(2), 84, 89(f) (h) all read together, no doubt, these documents passed admissibility test and such can be admitted as evidence”.

He subsequently admitted the documents as exhibits N1-N5.

The court also admitted three documents presented by another prosecution witness, Taiwo Sanusi, Head of Compliance, Monitoring and Reporting at Keystone Bank.

The three documents were generated from an account of the PDP, Ekiti State.

Jacobs prayed the court to admit them as exhibits and with no objection by Ahmed, Justice Hobon admitted them as exhibits P1, P2 and P3 respectively.

Fayose was re-arraigned on November 22, 2012 by the EFCC on a 27-count amended charge bordering on misappropriation of state funds to the tune of N416million.

The Economic and Financial Crimes Commission (EFCC) yesterday called two of its witnesses to testify against former Ekiti State Governor Ayo Fayose in the alleged N1.2 billion fraud case against him (Fayose).

The Peoples Democratic Party (PDP) flag bearer for the June 21 governorship election is on trial for allegedly misappropriating N1.2 billion meant for a poultry project during his tenure as Ekiti governor.

The witnesses are Mr. Emmanuel Alejo, a Relationship Officer with Skye Bank Plc, and Mr. Taiwo Sanusi, Head, Bank Compliance, Monitoring and Reporting, Keystone Bank Plc.

Alejo tendered five documents, including a certificate of identification, two statements of account – one for Avian Specialties and the second for Biological Concepts Nig Ltd, and the opening of account forms for both companies.

During cross-examination by Fayose’s counsel, Ahmed Raji, Alejo admitted that the name of the accused was not mentioned anywhere in the documents linked with the transactions.

EFCC Counsel Rotimi Jacobs urged the court to admit the documents as relevant to the case, supporting his arguments with sections of the Evidence Act.

Although Raji urged the court not to admit the documents, the court admitted them as Exhibits 1-5.

The second witness, Sanusi, came with three documents, which were examined and accepted as exhibits PW1-P3.

Raji sought an adjournment until after the governorship poll, to enable his client concentrate on the campaign.

He said: “As a former Resident Electoral Commissioner, I can say campaigning is not an easy thing to do. A lot is involved, both officially and unofficially. I did indicate earlier, that the accused left Abuja for Ado-Ekiti today and he is going back immediately.

“We plead that we come back in the first week in July, so that the accused can give maximum attention to the noble call by the people of the state.

Your lordship is urged to take judicial notice of the coming election fixed for June 21 and my client is a contestant.

“Hearing can be accelerated but need not be pre-judicial. Any attempt to muzzle the accused into a very hasty pace when he should be campaigning is very pre-judicial. Ten days ago, Ekiti people spoke by nominating him. All we plead for is to enable him have time. If he is ill and has to go abroad, will the court not grant him adjournment?”

Jacobs kicked against an adjournment, saying: “I urge the court to note that my learned counsel is advancing political arguments. The purpose of this case would be defeated if an adjournment is fixed for after the election.”

He said he would prefer an earlier date to enable the accused dispense with the case, so that he can face the election “on a clean bill of integrity”.

Jacobs said: “This case should be settled first before other political considerations, so I urge your Lordship not to adjourn to July.

“It is in the interest of the accused to know his fate before the election. It is in his interest that the matter be heard so that his character can be cleared before he faces the electorate.”

An argument ensued when Justice Adamu Hobon of the Federal High Court sitting in Ado-Ekiti urged the two counsel to agree on a date for the next hearing.

Jacobs said: “We want the court to take its jurisdiction on the case, immediately after the election and if elected, the court will not have jurisdiction again on the case. My Lord, do not allow my learned friend’s plea by adjourning till July.”

Justice Hobon cautioned the two counsel and advised them “to agree on an acceptable date”.

After a few minutes, they agreed on June 6 and the judge adjourned till then.

Former Ekiti State Governor Ayodele Fayose has restated his opposition to plans by stakeholders in the Peoples Democratic Party (PDP) to pick a consensus candidate for June 21 governorship election.

Fayose, who picked his nomination form yesterday at the PDP National Secretariat, said he was ready to support any candidate that emerges through a free and credible primary election.

He dismissed reports that President Goodluck Jonathan and the party’s leadership had expressed preference for a consensus option, adding that there was nothing on ground to support such plan.

Fayose said: “I am not for consensus. If I am defeated in a free and credible primary election, I will gladly support the winner morally and materially. The party has affirmed its decision to conduct primaries, so consensus option does not arise.

“The President has left nobody in doubt that he does not have a mindset or an anointed candidate, contrary to claims by some of my co-aspirants.”

He described himself as the man to be beat in the party’s primary election slated for March 15, adding: “I will rule Ekiti State again come October 2014.”

Fayose was chased out of the Ekiti State Government House in October 2006 when he locked horns with the then President Olusegun Obasanjo over issues bordering on transparency or the lack of it.

According to him, the race, this time around, is not about big names, but about the man with the highest number of votes.

Former Ekiti State Governor Ayodele Fayose’s former deputy, Chief Abiodun Aluko, yesterday gave evidence at the ongoing trial of his former boss at the Federal High Court, sitting in Ado-Ekiti, the state capital.

Fayose is on trial for allegedly diverting about N1.2 billion meant for a poultry project during his administration.

Aluko, who is the third witness to be invited by the Economic and Financial Crimes Commission (EFCC), said the Fayose administration hijacked the project from the contractor, Biological Concepts Nig. Ltd.

The court had earlier listened to the accounts of the Head of the EFCC’s Investigation Team, Mr. Abubakar Madaki, and activist-lawyer Morakinyo Ogele, who petitioned the commission on the alleged diversion of the project fund.

Aluko said the contractor, Mr. Gbenga James, was the original owner of the project, but it was “strangely taken over by the state government”.

He said: “Biological Concepts Nig. Ltd., owned by James, was to finance the project entirely, but I do not know how it happened that the state government decided to finance the project.

“Each of the 16 local government areas was made to contribute N25 million, totalling N400 million, and the state also made a contribution. All the payments were made to Biological Concepts Nig. Ltd. I left office soon after and do not know what happened later.”

Led in evidence by the EFCC’s counsel, Adebisi Adeniyi, Aluko said Fayose did not allow the contract to pass through the State Tenders Board, which he (Aluko) chaired.

He said the contract agreement was drawn and signed before the contract was awarded.

Aluko said: “I was not party to the award of the contract and by virtue of my office, as chairman of the State Tenders Board, I should have been. There was also no bidding on it. Each of the 16 local governments paid N25 million, totalling N400 million, which was given to Biological Concepts Nig. Ltd.”

The former deputy governor said the EFCC cleared him of any wrong in the project, adding that “the commission could not find any document linking me with any fraud in the project”.

He said: “I got to the EFCC headquartres and told them I knew nothing about the contract. Luckily, James was with the EFCC at the time. James and I sat together in the presence of EFCC officials, headed by Madaki, and my lawyers and he (James) said he never gave me a kobo.

“My lawyer, Mr. Tunde Oshilade, asked James if I ever had any discussion with him on the project and James said I never made any request and he never gave me a kobo.”

Aluko said four poultry farms were to be cited in four towns, including Afao, Fayose’s town; Erio-Ekiti, Fayose’s wife’s town; the College of Agriculture of the University of Ado-Ekiti (UNAD), now Ekiti State University (EKSU) and the College of Education, Ikere-Ekiti.

He said: “None of the projects was completed and that is why when President Olusegun Obasanjo came in November, 2004, he did not meet anything. Obasanjo’s comments are today in public domain.”

EFCC’s counsel, Adeniyi, sought adjournment to enable him serve subpoenas on more witnesses, adding that he did not meet many of them at the addresses they gave.

Justice Adamu Hobon adjourned the hearing till March 24, saying it was the last time a long adjournment would be given in the case.