A Federal High Court sitting in Ado-Ekiti Thursday ruled against the plea by the Economic and Financial Crimes Commission (EFCC) that the international passport of former Ekiti State Governor, Mr. Ayo Fayose be deposited with the court.
Fayose, who has been standing trial since January 2008 was accused of stealing about N1.2 billion while he was the governor of the state between 2003 and 2006.
The prosecution counsel, Mr. Adeniyi Adebisi from Rotimi Jacobs Chambers, raised the objection before Justice Adamu Hobon that despite the court pronouncement that Fayose's international passport be deposited as one of the conditions to grant him bail, Fayose was yet to comply with that court order.
Countering the position canvassed by the prosecution counsel on seizure of Fayose's passport, his counsel, Mr. Ajayi Owoseeni, who held brief for the principal attorney to the former governor, Chief Kunle Kalejaye (SAN), said there was no reason for the prosecution counsel to put up such an argument since Fayose never absconded from prosecution.
Owoseeni added that the court had permitted the former governor to be in possession of the passport on health grounds, saying this is to permit him to travel abroad for periodic medical check-up.
He averred that EFCC had several times lauded the former governor for his co-operation with the anti-graft agency for expeditious trial of the case.
In his ruling, Justice Hobon averred that the status quo should be maintained since no reported case of abuse had been reported against the former governor by EFCC.
The judge said, "though the order that the accused person should deposit his passport with the court is in the records and this is valid, but no evidence of default or fear had been reported against the accused person and no fear has been entertained so far.
"If there is an abuse of this privilege or there is fear by the prosecution concerning this privilege, the Court shall act accordingly", Justice Hobon ruled.
The anti-graft agency also presented before the court, a newly amended 27-count charge against the former governor as against 51-count charges initially preferred against him.
Fayose, however, pleaded not guilty to all the charges when read to him.
In the new charges, EFCC averred that the former governor had at various times in 2004 conspired with Biological Concept Nigeria Limited and Avian Specialists Nigeria Limited, consultants to the state government in the Ekiti State Integrated Poultry project to convert the state funds for personal use.
It submitted that the offence is punishable under Section 14 subsection 1 of the Money Laundering Act 2004.
Initially, EFCC preferred 51-count charge against Fayose at the Federal High Court in Lagos.
The Court adjourned till January 24, 2013 for proper hearing of the case.
