EFCC disagrees with Fayose’s acquittal, begins appeal process

The Economic and Financial Crimes Commission (EFCC) has announced its intention to appeal the ruling of the Federal High Court in Ikoyi, Lagos, which on Wednesday discharged and acquitted former Ekiti State Governor, Ayodele Fayose, of alleged ₦6.9 billion fraud.

In a statement posted on its official X (formerly Twitter) handle, the Commission confirmed that it is reviewing the judgment delivered by Justice Chukwujekwu Aneke and is already preparing legal grounds to challenge the ruling in an appellate court.

The EFCC wrote: “Sequel to the judgement of Justice Chukwujekwu Aneke of the Federal High Court sitting in Ikoyi, Lagos on Wednesday, July 16, 2025, acquitting and discharging a former Governor of Ekiti State, Mr. Ayo Fayose from an alleged money laundering case preferred against him by the Economic and Financial Crimes Commission, EFCC, the Commission wishes to state that it is already studying the ruling and preparing for an appeal.”

Fayose was re-arraigned on July 2, 2019, alongside his company, Spotless Investment Limited, on an 11-count charge bordering on money laundering and misappropriation of public funds totalling ₦6.9 billion.

The case, originally filed in 2018 before Justice Mojisola Olatoregun, was later reassigned to Justice Aneke.

Delivering judgment, Justice Aneke upheld the no-case submission by Fayose’s legal counsel, Chief Kanu Agabi (SAN), ruling that the EFCC had failed to establish a prima facie case.

The judge held that there was insufficient evidence linking Fayose to the alleged offences, as no prosecution witness or tendered document substantiated the accusations beyond a reasonable doubt.

He pointed out that the EFCC’s case lacked credible proof of predicate offences, particularly concerning alleged criminal breach of trust and conspiracy, stating that no co-conspirator was charged alongside Fayose.

Justice Aneke also questioned the credibility of key witnesses, including Senator Musiliu Obanikoro, who testified that he handed cash to Fayose for campaign purposes.

The judge queried the origin of the money, saying, “There is no doubt he was paid, but where did the money come from?”

He also dismissed the EFCC’s charge regarding asset declaration, noting that Fayose was a private citizen at the time of his arraignment and therefore not legally bound to such requirements.

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Fayose, who had pleaded not guilty throughout the trial, broke down in tears after the verdict and knelt in gratitude, thanking God and his legal team after a trial that spanned over seven years.

Despite the ruling, the EFCC reiterated its commitment to upholding the rule of law and vowed to pursue the matter in court.

“The EFCC reaffirms its commitment to the rule of law as it briefs its counsel to appeal the judgement,” the agency said.