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Jan.23, 2010
A former Ekiti State Governor, Mr. Ayodele Fayose, has asked Justice Tijani Abubakar of the Federal High Court in Lagos to transfer the money laundering suit preferred against him by the Economic and Financial Crimes Commission to the Ekiti division of the FHC.
The accused had premised his application on the grounds that he was being tried at a far distance (Lagos) from where he was alleged to have committed the offence ( Ekiti), adding that he now lacked the necessary funds to defend himself.
The EFCC is prosecuting Fayose and three firms linked to him for alleged N1.4bn money laundering and diversion of public funds.
But Fayose had in a fresh application filed by his lawyer, Mr. Owoseni Ajayi, urged Justice Abubakar to excuse himself from the case and transfer the matter to the Chief Judge of the Federal High Court, Justice Dan Abutu, for re-assignment to Ekiti Judicial Division of the FHC.
The accused further alleged that he had ‘no financial wherewithal to further defray accommodation and transportation bills‘ to Lagos for the continuation of the case.
Fayose had alleged that his permanent residence was located at Afao -Ekiti, saying that he had been expending huge sums of money on transportation and accommodation for himself and his witnesses to Lagos since the beginning of the case in 2006.
The ex-governor also claimed that none of the alleged offences preferred against him were committed in Lagos, saying that the case should be transferred to Ekiti to enable him to prepare his defence against the allegations.
According to Fayose, the interest of justice will be better served if the application is granted.
But the EFCC had faulted the application, saying that the development was just a ploy to further delay speedy resolution of the case.
In a counter -affidavit deposed to by a senior legal officer with the EFCC, Mr. Gboyega Adetunji, the commission argued that the charge was preferred in Lagos on the grounds of Fayose‘s violent disposition and his political supporters, who were threatening to attack the prosecution should they attempt to prosecute the accused in Ekiti or any other state where he had influence.
The EFCC further claimed that it would be dangerous to conduct Fayose‘s trial in Ekiti or any other state where he had influence, insisting that the ex-governor had the financial wherewithals to defend the case.
Justice Abubakar consequently directed the parties to file a written address on the matter and adjourned the case till February 19.