On Friday, the Lagos Division of the Federal High Court fixed March 22 for the prosecution to present its witness in court in continuation of former Governor Ayo Fayose’s money laundering trial.
The trial judge, Chukwujekwu Aneke, told the Economic and Financial Crimes Commission prosecutor, Rotimi Jacobs, to inform the witness must appear in court on March 22.
Mr Fayose is being prosecuted by the EFCC alongside a company, Spotless Investment Ltd., on 11 counts bordering on N6.9 billion in alleged fraud and money laundering offences.
When the case was called on Friday, Jacobs appeared for the EFCC, while Ola Olanipekun and Olalekan Ojo, respectively, appeared for the first and second defendants.
Mr Jacobs told the court that his 13th witness, Aliyu Madaki, whom the defence was to cross-examine, was held up in Jos 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.
The prosecution informed the court that the witness had pleaded for another chance to be present on March 28, an already existing date given by the court.
Mr Jacobs, however, said he had just discovered that the court would be on Easter vacation by then, and he consequently prayed for a further date.
Meanwhile, the second defence counsel, Mr Ojo, expressed displeasure at the witness’s absence, which he said showed great disrespect to the court.
Mr Ojo insisted that whatever issues prevented the witness from attending court did not happen today, so the prosecutor could not have waited until today before informing the 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 counsel earlier.
Although the prosecutor insisted that a date in March would not be sufficient for him to ensure the witness’ presence, the judge told the prosecutor to inform the witness that it was an order from the court.
Consequently, the court fixed March 22 for cross-examination and ordered the prosecutor to produce his witness on that date.
The court also fixed further dates of April 25 and April 26 to continue the trial.
The EFCC is prosecuting Mr Fayose for alleged N6.9 billion fraud and money laundering.
He was first arraigned on October 22. 2018, before Justice Mojisola Olatotegun, alongside his company, Spotless Investment Ltd., on 11 counts bordering on fraud and money laundering.
Mr Fayose pleaded not guilty to the charges and was granted bail on October 24, 2018.
The defendants were re-arraigned before Justice Chukwujekwu Aneke on July 2, 2019, after the case was withdrawn from Olatoregun following a petition by the EFCC.
Mr Fayose equally pleaded not guilty before Mr Aneke, who allowed him to continue on the bail granted him by Olatoregun.
The EFCC has since opened its case before Mr Aneke and is leading witnesses in evidence.
According to the commission, on June 17, 2014, Mr Fayose and Abiodun Agbele took possession of N1.2 billion to fund his gubernatorial election campaign in Ekiti.
The EFCC alleged that the sum formed part of crime proceeds.
Mr Fayose also allegedly received $5 million cash from 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