In Court, EFCC Slams Fayose with N6.7billion fraud charge

BY DAMOLA EMMANUEL

The Economic and Financial Crimes Commission, EFCC, flew the immediate past governor of Ekiti State, Mr. Peter Ayodele Fayose, to Lagos, on Monday, and promptly slammed him with a N6.9 billion fraud charge.

The ex-governor had made a dramatic visit to the EFCC Headquarters in Abuja on Tuesday, October 16, 2018, the day his successor, Dr. John Kayode Fayemi was being sworn-in for a second term in office as Ekiti Governor.

The anti-graft agency promptly detained Fayose and slapped an 11-count charge of N6.9 billion on him and his company, Spotless Investment Limited. This came after the ex-Governor had spent five days in the agency’s detention camp in Abuja.

Fayose’s lawyer, Mr. Kanu Agabi, a Senior Advocate of Nigeria, SAN, and former Attorney General of the Federation, informed the court of a motion on notice for his client’s bail and that he had served the same on the prosecution.

The EFCC prosecutor, Mr Rotimi Oyedepo, confirmed service of the bail application but told the court that he needed time to respond. Consequently, the presiding judge, Justice Mojisola Olatoregun, adjourned the case till October 24, 2018, to hear the bail application.

Justice Olatoregun also acceded to EFCC’s request for Fayose to be remanded in its custody till the determination of the bail application.

Below are the charges proffered against Fayose:

IN THE FEDERAL HIGH COURT

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

CHARGE NO:………………..
BETWEEN

FEDERAL REPUBLIC OF NIGERIA ) COMPLAINANT

AND

1. MR. AYODELE FAYOSE DEFENDANTS

2. SPOTLESS LIMITED

CHARGE

COUNT 1

That you MR. AYODELE FAYOSE and MR. ABIODUN AGBELE (now facing another charge) on or about 17th June, 2014 in Lagos, within the jurisdiction of this Honourable Court, took possession of the sum of N1, 219, 000, 000.00 (One Billion, Two Hundred and Nineteen Million Naira) to fund your 2014 gubernatorial campaign in Ekiti State, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) and (4) of the same Act.

COUNT 2

That you MR. AYODELE FAYOSE on or about 17th June, 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through the financial institution received cash payment in the sum of $5, 000, 000 (Five Million Dollars) from SENATOR MUSILIU OBANIKORO, the then Minister of State for Defence, which sum exceeded the amount authorised by law and you thereby committed an offence contrary to Sections 1 and 16 (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 16 (2) (b) of the same Act.

COUNT 3

That you MR. AYODELE FAYOSE on or about 7th April, 2015 in Lagos, within the jurisdiction of this Honourable Court, did retain in your fixed deposit account No: 9013074033 with Zenith Bank Plc, the sum of N300, 000, 000.00 (Three Hundred Million Naira) which sum you reasonably ought to have known formed part of proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 4

That you MR. AYODELE FAYOSE and SPOTLESS LIMITED between 17th June, 2014 and 4th August, 2014 in Lagos, within the jurisdiction of this Honourable Court, took control of an aggregate sum of N317, 000, 000.00 (Three Hundred and Seventeen Million Naira) by depositing same into the Zenith Bank Plc’s Account No: 1010170969 belonging to SPOTLESS INVESTMENT LIMITED, a company controlled by you and members of your family and which sum you reasonably ought to have known formed part of proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 5

That you MR. AYODELE FAYOSE between 26th June, 2014 and 27th August, 2014 in Lagos, within the jurisdiction of this Honourable Court, took control of an aggregate sum of N305, 760, 000.00 (Three Hundred and Five Million, Seven Hundred and Sixty Thousand Naira) in your Zenith Bank Account No: 1003126654 which sum you reasonably ought to have known formed part of proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 6

That you MR. AYODELE FAYOSE between 18th June, 2014 and 23rd June, 2014 within the jurisdiction of this Honourable Court, did procure DE-PRIVATEER LIMITED and one ABIODUN AGBELE to retain in their Account No: 1013835889 domiciled with Zenith Bank Plc, Apapa branch, Lagos, an aggregate sum of N719, 490, 000.00 (Seven Hundred and Nineteen Million, Four Hundred and Ninety Thousand Naira) on your behalf, which sum formed parts of proceed of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 18 (c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 7

That you MR. AYODELE FAYOSE and SPOTLESS LIMITED on or about 4th August, 2014, within the jurisdiction of this Honourable Court, did use the sum of N270, 000, 000.00 (Two Hundred and Seventy Million Naira) to acquire a property at Plot 1504, Yedsema Street, Maitama, Abuja from one RABI KUNDILI, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 8

That you MR. AYODELE FAYOSE between 12th November, 2014 and 20th August, 2015, within the jurisdiction of this Honourable Court, did use an aggregate sum of N1, 151, 711, 573 (One Billion, One Hundred and Fifty One Million, Seven Hundred and Eleven Thousand, Five hundred and Seventy Three Naira) to acquire chalets 3 and 4, 6 and 9 of the property situate at Plot 100 Tiamiyu Savage Street, Victoria Island, Lagos in the name of JJ TECHNICAL SERVICE, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 9

That you MR. AYODELE FAYOSE between 23rd April, 2015 and 30th April, 2015 within the jurisdiction of this Honourable Court, did use an aggregate sum of N200, 000, 000.00 (Two Hundred Million Naira) to acquire a property known as No. 44, Osun Crescent, Maitama, Abujain the name of MOJI OLADEJI (your elder sister), which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 10

That you MR. AYODELE FAYOSE between 23rd April, 2015 and 30th April, 2015 within the jurisdiction of this Honourable Court, did use an aggregate sum of N270, 000, 000.00 (Two Hundred and Seventy Million Naira) to acquire a property known as Plot 1504 Yedseram Street, Maitama, Abuja in the name of SPOTLESS INVESTMENT LIMITED, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 11

That you MR. AYODELE FAYOSE on or about 30th January, 2015 within the jurisdiction of this Honourable Court, did procure STILL EARTH LIMITED to retain in its account with First City Monument Bank (FCMB), the sum of N132, 500, 000.00 (One Hundred and Thirty Two Million, Five Hundred Thousand Naira) for your benefit, which sum formed part of the proceeds of your unlawful activity, to wit: gratification which you received from SAMCHASE NIGERIA LIMITED and you thereby committed an offence contrary to Section 18 (c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.