N416 Scam: Court Refuses Request To Defer Fayose’s Trial Over Guber Ambition

…Admits More Exhibits Against Ex- Gov

A Federal High Court sitting in Ado- Ekiti, Ekiti State, on Thursday, March 27, 2014 refused the request by the governorship candidate of the People’s Democratic Part in Ekiti State, Mr Ayodele Fayose to delay his trial to enable him concentrate in prosecuting his gubernatorial ambition.

Fayose, a former governor of the state is standing trial for allegedly misappropriating state funds to the tune of N416million during his tenure. At the resumed hearing on Thursday, 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 to concentrate on his electoral campaign as the candidate of the PDP in the June 21, 2014 governorship election in Ekiti state; arguing 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 Rotimi Jacobs, SAN, counsel to EFCC, who said that, an accelerated hearing of the matter would help Fayose. According to him, “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.

Before the matter was adjourned, the court admitted eight documents tendered as exhibits by the prosecution. 

The documents admitted included 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 are 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 emphasised that, 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. According to him, "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, SAN, 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 that, “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.