(Opens in a new browser tab)<\/span><\/p>\nJustice Aneke however responded; \u201cSo I will just be here, waiting for EFCC to give directive when the matter is already before me? I don\u2019t take directive from EFCC.\u201d<\/p>\n
In his response, Counsel to Fayose, Mr Ola Olanipekun (SAN), said \u201cWe are taken aback that the prosecution is now saying it is not ready and in the interest of justice, these defendants cannot be on trial perpetually.<\/p>\n
Olanipekun said the EFCC, which he described as nominal complainant in the matter, started investigating this case before the expiration of Fayose\u2019s tenure as governor.<\/p>\n
\u201cTheir activities were so disturbing of the official functions of the defendant that he had to write the EFCC that he will make himself available the very day he leaves office, and he so did,\u201d he pointed out.<\/p>\n
He added that the EFCC had not given any cogent reason why the trial should not go on.<\/p>\n
Counsel to the second defendant, Olalekan Ojo (SAN) wondered why defendants who have been charged to court will have their arraignment postponed because other cases are being investigated.<\/p>\n
\u201cThis is absurd. These alleged new cases were being investigated before they was arraigned before Hon. Justice Olatoregun. If it was competent for the defendants to be arraigned then, what stops it now?<\/p>\n
The judge however adjourned the matter till July 2, 2019, citing the interest of justice, considering the non presence of EFCC lead counsel, Rotimi Jacobs.<\/p>\n
Earlier, the defense counsel had withdrawn the application objecting the transfer of the case to the new court by the Chief Judge of Federal High Court, Justice Adamu Abdul-Kafarati, owing to a petition against the trial judge, Justice Olatoregun by the EFCC.<\/p>\n
Withdrawing the application, Olapenikun said; \u201cwe have no preference whatsoever for any particular judge before whom this case should be tried.<\/p>\n
\u201cOur concern is purely for the rule of law and this should not be cited as authority that the Chief Judge can transfer any criminal matter that is already being tried.\u201d<\/p>\n
In his own submission; Olalekan Ojo, said \u201cthe administrative decision of the Chief Judge, with all due respect, is an example per excellence
of a rape on the rule of law.<\/p>\n
\u201cIt is a very sad precedent in the administration of criminal justice in Nigeria.<\/p>\n
\u201cThe Chief Judge is acquainted with the law and what he has done is illegality and unconstitutionality. The defendants have been foisted with a situation of total helplessness.<\/p>\n
\u201cEven if this application is decided in our favour, it will not be of any meaningful benefit to the defendants. The EFCC has gotten from the back door, what it couldn\u2019t have gotten thru the due process of law.\u201d<\/p>\n
He therefore supported the withdrawal of the application and urged that the trial should commence before Justice Aneke.<\/p>\n
Fayose was arraigned by the EFCC on October 22, 2018, alongside a company, Spotless Investment Ltd, on an 11-count charge.<\/p>\n
He had pleaded not guilty to the charge and was granted bail in the sum of N50 million, with one surety in like sum.<\/p>\n
EFCC had opened the case for prosecution on November 19, 2018 and had called 13 out of the 15 witnesses it listed before the case was transferred to a new judge for the trial to begin afresh.<\/p>\n
Related<\/em><\/h3>\n<\/p><\/div>\n
![\"Fayose,](\"https:\/\/cdn.ghanamma.com\/2019\/06\/1561747967_625_Fayose-efcc-1.png\")