Judge accuses Fayose of delaying his trial

Former Ekiti State Governor Ayo Fayose has been accused by Mr. Justice Tijani Abubakar of the Federal High Court, Lagos, of attempting to delay his (Fayose’s) trial.

The judge spoke following arguments by prosecution and defence counsel. They traded blames over who was delaying the trial, which began in 2006.

Besides, Mr. Justice Abubakar fixed October 22 for ruling on whether or not to accept the amendment made by the Economic and Financial Crimes Commission (EFCC) to the earlier charge pending against Fayose.

EFCC counsel Mr. Rotimi Jacobs had, while commenting on a notice of preliminary objection filed by Fayose against the amended charge, told the court that the objection was in line with the defence’s strategy to scuttle the case.

Jacobs said the defence led by former Ekiti State Attorney-General and Commissioner for Justice, Mr. Owoseni Ajayi, deliberately filed the application late to frustrate the case.

He said the defence deliberately filed the application "just yesterday (Tuesday) when they had about four months to have done same, since the case last came up four months ago.

"I am raising this because of public perception that my client and the court are responsible for delay. This is an antic by the defence counsel to scuttle proceedings," he said.

Jacobs agreed that the application should be moved, adding that he was ready to reply.

Ajayi denied being responsible for delay. He noted that the prosecution had never been diligent in handling the case.

"Trial had commenced and prosecution witness number two was in the witness box when the prosecution stopped trial. Mr. Jacobs just came into the matter and what he did was to amend the charge and brought in new parties.

"We were not responsible for the last adjournment. The accusation that our filing of and objection amount to a professional misconduct is a misuse of words," he said.

In a mid-proceedings ruling, Mr. Justice Abubakar said the defence filed its objection just a day before the hearing date.

He added that despite that it had four months since the last hearing date,it (the defence) chose not to take any step but wait until a day to the next adjourned date.

"I agree with the prosecution that the defence’s action is an attempt to delay trial," Mr. Justice Abubakar said.

Moving his preliminary objection, Ajayi urged the court not to allow the amended charge because it would amount to denying his client fair hearing.

He argued that the court has the discretion under Section 163 of the Criminal Procedure Act (CPA) to either accept or reject an amendment to a charge before judgment, but that such discretion should be exercised in Fayose’s favour.

He said the amendment constituted an abuse of court process, prejudicial to Fayose and will render his pending appeal worthless because the new charge would change the whole case.

Ajayi added that the appeal had been entered by the Court of Appeal, which has issued parties hearing notice.

"I urge the court not to be persuaded by sentiments to do injustice against the accused person. The court should be guided by facts before it," he said.

Jacobs opposed the application.

He cited Section 163 of CPA, stressing that the court was empowered to allow amendment to charges where trial had not been concluded.

Jacobs said the amended charge had been accepted by the court having been filed.

He said what the defence needed to prove that the amendment amounted to an abuse was for it to show "malice or mala fide", which, he said, the defence has failed to show.

On the argument that there was a pending appeal, Jacobs said the trial court ought to be well-educated on the existence of such appeal to enable it reach an informed conclusion.

He urged the court to reject the application.

The judge adjourned the matter till October 22 for ruling.

In the new charge, EFCC added three companies believed to be owned by Fayose and his family members, as defendants.

They are Spotless Investment Limited, Feyerio Nig. Ltd. and Hoff Concept Limited.

The counts have also been increased from 51 to 80.

Fayose is standing trial for alleged money laundering in relation to his alleged involvement in the diversion of funds meant for the state’s poultry project.