The Federal High
Court in Lagos has rejected move by ex-Ekiti State governor, Ayodele Fayose,
and a firm, Spotless Investment Ltd to stop a banker from testifying against
him in his N2.2bn fraud trial.
According to Justice
Chukwujekwu Aneke, Fayose’s application lacked merit, saying that the Economic
and Financial Crimes Commission (EFCC) could field one banker – Mr Johnson
Abidakun, as its witness against the former governor.
Abidakun will
testify in place of a bullion van driver, Adewale Aladegbola, who testified
when the case was before another judge.
The EFCC, on January
16 alleged that Fayose secretly compromised the bullion van driver, hence, its
decision to drop him and use Abidakun as a replacement.
However, Fayose and
Spotless Investment had, through his lawyers, Messrs Ola Olanipekun (SAN) and
Olalekan Ojo (SAN), filed an interlocutory summons in objection to the EFCC’s
move to change witness.
The defence counsel
contended that allowing a change of witness was an abuse of court processes by
the prosecution.
But the prosecuting
counsel for the EFCC, Mr Rotimi Jacobs (SAN), maintained that the EFCC was at
liberty to replace Aladegbola with Abidakun since the case was starting afresh
before Justice Aneke, after it was transferred from Justice Mojisola Olatoregun
(retd.), before whom Aladegbola testified.
In a short ruling
Monday, Justice Aneke upheld the prosecution’s application.
The judge held,
“This is a fresh trial, the parties are at liberty to call any witness that
they desire in proof of their case. As a result, the defendants/applicants’
interlocutory summons is dismissed for lack of merit.”
He adjourned till
May 5 and 6 for continuation of trial
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