Former Governor of Ekiti State, Ayodele Fayose, has submitted a no-case application in response to the N6.9 billion fraud charges filed by the Economic and Financial Crimes Commission (EFCC).
The Federal High Court in Lagos, presided over by Justice Chukwujekwu Aneke, has reserved its ruling on the matter.
Represented by former Attorney General of the Federation, Chief Kanu Agabi (SAN), Fayose contends that the EFCC has failed to establish any prima facie case against him. Spotless Investment Limited, also listed as a defendant, was represented by Olalekan Ojo (SAN).
The EFCC, through lead counsel Rotimi Jacobs (SAN), filed an 11-count charge against Fayose and the company, alleging money laundering and theft.
During the hearing on Monday, Agabi submitted that the no-case filing, dated July 16, 2025, highlighted fundamental flaws in the prosecution’s case, especially the absence of Abiodun Agbele—an alleged key player in the transactions—among the accused. Agabi emphasized that “the predicate offences on which these charges are based do not hold water,” arguing that no co-conspirator had been charged alongside Fayose.
Ojo, representing the second defendant, adopted a no-case application dated March 21, 2025, with additional documents filed on May 16. He challenged the reliability of Senator Musiliu Obanikoro’s testimony, pointing out that the former minister admitted under cross-examination there was no direct contact between Fayose and former National Security Adviser, Col. Sambo Dasuki.
In response, EFCC prosecutor Jacobs urged the court to reject the no-case submissions. Relying on a counter-affidavit dated May 8, 2025, he maintained that Fayose must address several suspicious transactions. Jacobs questioned why the former governor didn’t use his personal bank accounts for property purchases and referenced EFCC investigator Abubakar Madaki’s testimony that Fayose used associates to acquire assets later denied by those associates.
Jacobs also highlighted Obanikoro’s claim that Fayose personally asked for the funds and introduced Agbele to facilitate the cash delivery, suggesting the burden was on Fayose to explain the transactions.
At the conclusion of arguments, the court granted Fayose leave to travel abroad for medical treatment. Justice Aneke then adjourned the case until July 10, 2025, when he will rule on the no-case submission.
Fayose was originally arraigned in 2018 before Justice Mojisola Olatoregun, who retired. The case was subsequently reassigned to Justice Aneke. The EFCC alleges that Fayose received N1.2 billion for his 2014 gubernatorial campaign and collected $5 million in cash from Obanikoro, in violation of financial regulations. He is also accused of laundering over N1.6 billion through fronts and companies such as De Privateer Ltd and Still Earth Ltd, allegedly breaching the Money Laundering (Prohibition) Act of 2011.
What you should know
Ayodele Fayose is contesting N6.9 billion fraud charges through a no-case submission, claiming the EFCC has not presented sufficient evidence. The court will decide on July 10 whether the case should proceed to a full trial.
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