The court of Appeal sitting in Ibadan, on Thursday discharged and acquitted the former Governor of Oyo State, Otunba Adebayo Alao-Akala of the over the N11.5 billion corruption charges leveled against him by the Economic and Financial Crimes Commission (EFCC).
The court further discharged and acquitted a former deputy Chief Whip of the Senate, Senator Hosea Agboola, who is currently the Chairman of the Governor’s Advisory Council to Governor Seyi Makinde, and a business mogul, Mr Femi Babalola, popularly known as Jogor.
Agboola served as Commissioner for Local Government and Chieftaincy Matters during Alao-Akala’s tenure as the governor of Oyo State between 2007 and 2011 while Babalola owns an engineering firm, Pentagon Engineering Services, that executed some contracts during the former governor’s administration.
The trial presided over by a three-man panel led by Justice Jimi Olukayode Bada and comprising Justices Abba Muhammed and Abdulazeez Waziri, lasted 11 years.
The trio were arraigned by the EFCC on an 11 count-charge bordering on conspiracy, awarding contract without budgetary provision, obtaining by false pretence, acquiring property with money derived from the illegal act and concealing the ownership of such property.
Counsel to the EFCC, Dr Benedict Ubi, had alleged that while Alao-Akala was the governor of Oyo State, he awarded a road contract worth N8.5 billion between 2007 and 2009 to Pentagon Engineering Services, alleging that the firm handled the contract on behalf of the 33 local governments areas of the state without budgetary provision and had ordered the supply of drilling machines on behalf of the 33 local government areas worth N3.5 billion.
The EFCC alleged that the former governor purportedly conspired with Ayoola to withdraw N2.9 billion from Oyo State Local Government Joint Account. l and had illegally acquired a property at Old Bodija, Off Rotimi Williams Avenue, in Ibadan, when he was governor contrary to Section 22 (4) of the Corrupt Practices and Other Related Offences Act and Section 1 (18) of the Advanced Fee Fraud Act.
The trio had filed a no-case submission after the EFCC closed its case before the high court and Justice Muniru Owolabi in his ruling had struck out eight out of the 11 count-charge proffered against them and ordered them to enter defence for the remaining three counts- counts; conspiracy, obtaining money by false pretence and award of contract without budgetary provision.
But the defendants, through their lead counsel, Prince Lateef Fagbemi (SAN), appealed the ruling of the lower court on the ground that they had no case to answer.
Delivering judgement on the appeal on Thursday, the judges in a unanimous decision set aside the ruling of the lower court, on grounds that the trial court erred by ordering the defendants to enter defence for the three counts because the prosecution led by the EFCC failed to establish a prima facie case against them.
The Ogbomoso-born politician, who was governor between 2007 and 2011, had been dragged to court shortly after leaving office over the alleged fraud.
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