Justice Nnamdi Dimgba of the Federal High Court in Lagos, on Friday, upheld the “no-case submission” filed by Abiodun Agbele, an associate of former Ekiti State Governor Ayodele Fayose.
Agbele is standing trial alongside Sylvan Mcnamara Limited, De Privateer Limited, and Spotless Investment Limited on a 24-count amended charge of alleged N1.219billion money laundering.
The money is part of the N4.7 billion allegedly transferred from an account belonging to the Office of the National Security Adviser (ONSA) and domiciled in the Central Bank of Nigeria (CBN).
The Economic and Financial Crimes Commission (EFCC) is prosecuting Agbele for indirectly accepting the sum in cash through an official of Zenith Bank in Akure, Ondo State.
The money was allegedly delivered by a former Minister of State for Defence, Musiliu Obanikoro, on behalf of Fayose in June 2014 without going through a financial institution.
According to the EFCC, Agbele’s action is contrary to Section 1(a) of the Money Laundering (Prohibition) Act 2011 (as amended).
The anti-graft agency also accused Agbele of aiding De Privateer Limited to take possession of N200 million — which was part of the N1.219 billion — on behalf of Fayose, contrary to Section 18 (a) of the Money Laundering Prohibition Act 2011 (as amended) and punishable under section 18 of the same Act.
The prosecuting EFCC. called 16 witnesses between September 2016 and 2024.
But instead of opening his defence, Agbele (the first defendant, filed a no-case submission, insisting that the prosecution had failed to establish a prima facie case against him.
In his ruling on Agbele’s application, Justice Dimgba sustained Agbele’s no-case submission.
The judge said , “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 handled the whole transaction.
“Though Obanikoro was a minister at the time, he expressly stated that he did not have or know the source of the funds from the NSA because there was fundraising, having been in charge of the election conducted in 2014.”
The court said Sambo Dasuki, who was NSA at the time and an important witness in the case, was not called.
“That Dasuki and Fayose was not per chance brought up as witnesses to contradict Obanikoro or other witnesses called by the prosecution.
“Dasuki and Fayose were also not subpoenaed.”
