A Federal High Court in Lagos on Friday heard that former Ekiti State Governor Ayodele Fayose allegedly threatened and compromised an Economic and Financial Crimes Commission (EFCC) witness in his N2.2billion alleged fraud trial.
EFCC counsel Mr Rotimi Jacobs (SAN) told Justice C.J. Aneke that Fayose secretly met and threatened a bullion van driver with Zenith Bank, Ado-Ekiti branch, Mr Adewale Aladegbola.
He said the incident left the anti-graft agency with no choice but to replace the witness.
He made the allegation at the resumption of proceedings in Fayoseโs trial.
Jacobs claimed that as a result of the alleged threat and compromise, when Aladegbola appeared before the former judge handling the case, Justice Mojisola Olatoregun, he turned around in his testimony to give different evidence from what he wrote in his statement at the EFCC office during investigation.
โIt is only in our country that this type of things happen; the witness before Olatoregun J., was compromised by this defendant,โ Jacob said.
He accused Fayose of attempting to pervert the course of justice, saying, โIf not because of my intervention, this defendant (Fayose) would have been facing another charge.โ
Fayoseโs counsel, Messrs Ola Olanipekun (SAN) and Olalekan Ojo (SAN) opposed the attempt to replace Aladegbola with Johnson Abidakun, who is the Head of Operations, Zenith Bank, Ado-Ekiti branch.
They contended that the prosecution did not have the liberty to change a witness just because such a witness failed to give evidence favourable to them.
Olanipekun and Ojo described the attempt to substitute Aladegbola with Abidakun as an abuse of prosecutorial power by the EFCC.
They prayed Justice Aneke to stop Abidakun from testifying in place of Aladegbola, who had earlier testified before Justice Olatoregun.
But the prosecutor argued that the proceedings before Justice Olatoregun were no longer relevant as the matter started denovo when the case was transferred to Justice Aneke.
โTo prevent this witness from testifying will run afoul of Section 379 of the Administration of Criminal Justice Act, 2015,โ Jacobs said.
Justice Aneke adjourned till November 28, 2019 for ruling.
In the charge, the EFCC alleged, among others, that Fayose, on June 17, 2014, took possession of N1.219bn โto fund your 2014 gubernatorial campaign in Ekiti State, which you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing.โ
The ex-governor was also alleged to have on the same day โreceived a cash payment of $5,000,000 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.โ
