Justice Mojisola Olatoregun of a Federal High Court sitting in Lagos on Monday adjourned till Tuesday the fraud and money laundering trial of former Governor of Ekiti State, Ayodele Fayose.
At the proceedings on Monday, the Judge admitted as evidence a statement made by one late Mr Justin Erukaa, who worked as Personal Assistant to Mr Musiliu Obanikoro, before his death.
At the last adjourned sitting on February 7, 2019, counsel to the second defendant, Spotless Investment Limited, Olalekan Ojo SAN, had moved a motion seeking the court to accept the statement of the deceased as evidence.
The prosecuting counsel, Rotimi Jacobs, SAN, had, however, objected to the admissibility of the document, arguing that the statement was not admissible in law.
“The maker of the document is dead; so, the defence only wanted to smuggle the document to the court,” he said.
Justice Olatoregun had, therefore, adjourned to Monday (yesterday) for ruling on the application.
In his ruling, Justice Olatoregun held that: “Given the fact that the maker of the document is late does not make the document irrelevant to the case before this court.
“The document is relevant to this case and I, therefore, admit the document in evidence.”
Also, the court could not continue with the cross-examination of the fifth prosecution witness, Musiliu Obanikoro, a former Minister of State for Defence, owing to the absence of the counsel to the second defendant, Olalekan Ojo, SAN, in court.
Ahmed Mustafa, who stood in for Ojo, told the court that he was “a little indisposed and could not appear in court.”
TheLagostimes recalls that Fayose was arraigned along with his company, Spotless Investment Limited, on October 22, 2018 on an 11-count charge bordering on fraud and money laundering to the tune of N2.2 billion.
He is facing trial in connection with the sums of N1.299 billion and $5.3 million out of the N4.65 million slush funds allegedly shared by the then National Security Adviser, NSA, Col. Sambo Dasuki (retd.).