‘No Case To Answer’, Court Upholds Fayose’s Ally, Biodun Agbele’s “No Case Submission” Against EFCC’s N1.2bn Corruption Charges*

A Federal High Court, in Lagos today, upheld the No Case Submission made by Abiodun Agbele, an ally of a former Ekiti State Governor, Ayodele Fayose, against the charges filed against him by the Economic and Financial Crimes Commission (EFCC).

The “No Case Submission” is to the effect that Agbele, who was accused of money laundering to the tune of N1.219 billion has no case to answer.

The EFCC had in 2016 arraigned Agbele, on 11 charges of money laundering to the tune of N1. 219bn, accusing him of indirectly accepting N1.219bn cash from former Minister of Defence for State, Musliu Obanikoro on behalf of Fayose in June 2014 without going through a financial institution.

The EFCC said the money was part of N4.7bn allegedly transferred from the Office of the National Security Adviser in the Central Bank of Nigeria.

In March, this year, the EFCC increased the charges against Agbele from 11 to 24.

However, when the EFCC concluded the presentation of its evidence, Agbele, made a No Case Submission through his counsel, Olalekan Ojo (SAN).

Ruling on the application today, the court sustained the no case submission of the Defendants.

Justice Nnamdi Dimgba, however, premised final determination on the outcome of the charge preferred by the EFCC against Fayose.

While discharging Agbele of count 1 and 2, the Court said the “PW13 (Obanikoro) in an evidence and several other bank officials who gave evidence attest to the fact that Abiodun Agbele was only physically present but the banks handle the whole transaction.”

The court further said that “though Obanikoro was a minister as at that time but he expressly stated that he did not have or know the source of the funds from the NSA because there was fund raising having been in charge of the election conducted in 2014.”

The Court also said no evidence from the then NSA, Col Sambo Dasuki who was said to have released the sum in question.

“Dasuki is an important witness and was not called.

“That Dasuki and Fayose was not per chance brought up as witnesses to contradict Obanikoro or other witnesses called by the Prosection.

“Dasuki and Fayose were not also subpoenaed,” the court said.