In a stunning setback for Nigeria’s premier anti‑graft agency, the Federal High Court in Lagos has discharged former Ekiti State governor Ayodele Fayose of all ₦6.9 billion money laundering and theft charges.
Justice Chukwujekwu Aneke upheld Fayose’s no‑case submission, ruling that the Economic and Financial Crimes Commission (EFCC) failed to establish a prima facie case linking him to any unlawful transactions.
This high‑profile acquittal underscores a troubling pattern: despite the EFCC’s recent boast of securing over 4,000 convictions and recovering nearly US\$500 million in the past year, prosecutions of politically powerful figures routinely collapse under judicial scrutiny.
Since its 2003 inception, the EFCC claims more than 4,100 convictions in 2024 alone, yet only a handful involve nationally prominent office‑holders, denting public confidence in its impartiality.
Fayose was arraigned initially in 2018 and re‑arraigned with his company, Spotless Investment Ltd, on 11 counts including alleged receipt of ₦1.2 billion for his 2014 campaign and a US\$5 million cash transfer from then‑Minister Musiliu Obanikoro without banking channels.
Prosecutor Rotimi Jacobs SAN argued that Fayose concealed over ₦1.6 billion through shell entities and “used associates who later denied ownership of the properties”.
Yet Chief Kanu Agabi SAN deftly dismantled the prosecution, pointing out that no co‑conspirators were charged alongside Fayose and that the EFCC’s underpinning offences—criminal breach of trust and conspiracy—“do not hold water” without corroborative evidence.
He added that Abiodun Agbele, central to the alleged transactions, was conspicuously absent from the dock.
Historically, Nigeria’s judiciary has excoriated the EFCC for overreliance on hearsay and procedural lapses. In 2021, Senator Peter Nwaoboshi was similarly cleared by Justice Aneke when the EFCC could not prove an alleged ₦322 million laundering plot.
Transparency International ranks Nigeria 140th of 180 on corruption perceptions, reflecting widespread scepticism about both graft prevalence and the efficacy of anti‑corruption crusades.
As Nigerians grapple with endemic corruption, Fayose’s dramatic vindication may embolden critics who argue the EFCC selectively prosecutes opponents of the ruling party.
With legal precedents stacking against it, the agency must overhaul its investigative rigour if it hopes to convince the public that no office, however lofty, is beyond the reach of the law.
