A Federal High Court in Lagos has discharged and acquitted former Ekiti State Governor, Ayodele Fayose, of all charges in a long-running N2.2 billion (formerly N6.9 billion in earlier reports) money laundering case brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Chukwujekwu Aneke, in a ruling delivered today, upheld Fayose’s “no-case submission,” stating that the EFCC had failed to establish a prima facie case that would warrant him to enter a defense.
Fayose had been on trial for several years over allegations of money laundering and financial misappropriation during his tenure as governor. He and his company, Spotless Investment Limited, were re-arraigned on an 11-count charge.
What is a “No-Case Submission”?
In Nigerian law, a “no-case submission” is a procedural defense mechanism employed after the prosecution has presented its case.
When a defendant makes a no-case submission, they are essentially arguing that:
* The prosecution has failed to adduce sufficient evidence to prove the alleged offense.
* There is no evidence linking the defendant to the commission of the offense.
* The evidence presented by the prosecution is so weak that no reasonable court or tribunal would convict on it, even if believed.
If a no-case submission is upheld by the court, it means the prosecution has failed to meet the legal threshold to establish a crime, and the defendant is discharged and acquitted without needing to present their own defense.
The burden of proof in criminal cases lies squarely with the prosecution, and if they fail to establish a prima facie case, the trial effectively ends at that stage.
This ruling marks a significant development in Fayose’s protracted legal battle with the EFCC.
