The Chief Judge of the Federal High Court, Justice Adamu Abdu-Kafarati, has transferred the trial of former Governor of Ekiti State, Ayodele Fayose, to another judge.
The case was transferred from Justice Mojisola Olatoregun, to Justice Chukwujekwu Aneke, following a petition by the EFCC.
Kemi Fola-Adeyemo reports that in the chief judge’s letter to Justice Olatoregun dated May 23, he said it was apparent the EFCC has lost confidence in the manner she was handling the trial of Mr Fayose.
On March 20, both the judge and EFCC prosecutor, Rotimi Jacob had an exchange of words following Justice Olatoregun’s ruling, rejecting his application to tender an extrajudicial statement during re-examination of his witness.
Mr Jacob was speaking afterwards, when she warned him never to re-evaluate her ruling, except to appeal against it. She told the Senior Advocate of Nigeria to desist from what she called sharp practices. Mr Jacob responded that he had never been labelled in such a manner by any court, and has always dispensed his duties diligently. The EFCC applied to the Chief Judge the following day for a transfer of the trial from her court.
Despite the petition, Mr Fayose’s trial continued in May with the 12th witness testifying for the prosecution, out of the 15 listed in the trial. .tHE EFCC arraigned the former governor and a company, Spotless Investment Ltd, in october last year, on 11 counts of allegedly laundering of 6.9 billion naira.
He pleaded not guilty to the charge and was granted bail in the sum of N50 million with sureties in like sum.
The trial was billed to resume before Justice Olatoregun next Monday, but with this transfer, it is expected to start afresh before Justice Aneke, where the accused, will be re-arraigned and his plea taken. The EFCC will then re-open its case, calling back most of its witnesses, including, former minister of state for Defence and a friend of the accused, Musilu Obanikoro.
But section 98 of the 2015 administration of Criminal Justice Act that regulates such trials gives the Chief Judge powers to transfer any case from one court to the other, where it will promote the ends of Justice or will be in the interest of the public peace, Sub section (2) adds that This power shall not be exercised where the prosecution has called witnesses.
Related posts:
Alleged N4.8bn Fraud: New Judge takes over Ibeto’s trial, fixes March 11 for hearing
UPDATED: Vacation Judge refers Adoke’s case file to FCT Chief Judge
Pension Fraud: Absence of Maina, judge stall trial
Italy Judge orders Shell, Eni to stand trial over alleged corruption
Alleged Money laundering: Judge insists Paul Usoro’s trial must continue
Alleged Treason: Judge’s ill health stalls resumption of Sowore’s trial
Alleged money laundering: Judge slams EFCC for abuse of court proceedings, adjourns trial of fmr HoS Oyo-Ita indefinitely
Alleged age falsification: Ondo lawyer calls for probe of state’s chief Judge
