A Federal Court in Lagos on Monday granted leave to the Economic and Financial Crimes Commission to introduce a new witness in the ongoing N2.2 billion fraud trial against Ayo Fayose and a firm, Spotless Investment Limited.
Justice Chukwujekwu Aneke dismissed an interlocutory summon by defence, challenging the evidence of the fifth witness ,Johnson Abidakun, the Head of Operations of a branch of a bank in Ado-Ekiti, on the grounds that it lacked merit.
In his ruling, Justice Aneke first addressed the issue of hearsay as raised by defence and held that the oppositions are matters of fact.
The court consequently held that since the trial before his court is a fresh one, it does not “buy” the arguments that the testimony of the witness amounted to a hearsay, adding that counsel was at liberty to call its witness in a manner it chooses.
He said: “Trial before this court started on July 2, 2019; it represents a trial denovo which is a new trial.”
Aneke held that calling the fifth prosecution witness to give evidence cannot therefore, amount to an abuse of process.
He said: “The defendant/applicant’s motion is hereby dismissed.”
Earlier, Defence counsel, Olalekan Ojo (SAN), had asked the court whether having regards to facts contained in the exhibits, PW5 ought to be allowed to give evidence in respect of facts contained in his extrajudicial statement of May 17, 2019.
Fayose is being prosecuted by the Economic and Financial Crimes Commission over N6.9 billion alleged fraud and money laundering charges.
He was first arraigned on October 22, 2018 before Justice Mojisola Olatotegun alongside his company, Spotless Investment Limited, on 11 counts bordering on fraud and money laundering offences.
He had pleaded not guilty to the charges and was granted bail on October 24, 2018 in the sum of N50 million with sureties in like sum.
The defendant was re-arraigned before Justice Chukwujekwu Aneke on July 2, 2019 after the case was withdrawn from Olatoregun, following EFCC’s petition.
He had also pleaded not guilty to the charges and was allowed to continue on the earlier bail granted, while the case was adjourned for trial.
The commission has since opened its case and is still leading witnesses in evidence.
At the last adjourned date in November 2019, the prosecution had called a witness, one Johnson Abidakun, who was about to be sworn on oath when defence raised objection.
The Defence had accused the EFCC of “prosecutorial misconduct” on the grounds that they (defence) had studied the proof of evidence of the said witness and had made discoveries.
These discoveries, they said, were in relation to an earlier testimony by a 13th witness, one Adewale Aladegbola, who had testified before the former judge (Olatoregun).
But the prosecutor, in a swift reaction, revealed to the court that the said witness referred to had been “tampered” with by the defence.
The News Agency of Nigeria reports that the prosecution had called Aladegbola, who, during the aborted trial before Olatoregun, introduced himself as the driver of a bullion van.
Midway into his evidence, the witness had deviated from his line of examination and given contradictory evidences, which were unexpected by the prosecution.
The testimony of this witness was abruptly discontinued by the prosecutor, who had then sought an adjournment to decide whether to declare the said witness as “hostile”.
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