THE Chairman of the Peoples Democratic Party (PDP) in Ondo State, Mr Clement Faboyede, who is standing trial for N500 million, on Friday asked the Judge handling the fraud case to withdraw from the suit.
Faboyede who is standing trial alongside Modupe Adetokunboh, the Director General of PDP Campaign Organisation in Ondo State, during the 2015 General Election, also challenged the jurisdiction of the court to try them in the fraud case brought against them by the Economic and Financial Crimes Commission (EFCC).
Both Faboyede and Adetokunboh in a motion filed through their lawyer, Eyitayo Jegede (SAN), are seeking for an order of the court dismissing or striking out the charge due to lack of jurisdiction.
They claimed that none of the ingredients or acts alleged against them in the proof of evidence took place in Lagos but in Akure, Ondo state.
However, counsel to the EFCC, Ekene Iheanachor, confirmed been served with the application but told the court that he needed time to respond to it.
Following the agreement of the parties, the presiding Judge Justice Saliu Saidu adjourned the suit till November 26, for the hearing of application challenging the court’s jurisdiction.
In an affidavit attached to the motion deposed to by Faboyede, it was averred that all the defence witnesses were scattered across the 18 local government areas of Ondo State and that it would be difficult to bring them to Lagos to testify in the matter.
Some of the witnesses were said to be civil servants who are residents of Ondo state.
Tribune Online recalls that both Faboyede and Adetokunboh were first arraigned before the court on June 26, on charges bordering on conspiracy, accepting a cash payment of over N500 million without going through a financial institution, by the EFCC.
The EFCC in a charge marked, FHC/ L/201C/2018, had alleged that the accused persons and others at large on or about March 27, 2015, conspired amongst themselves to accept a cash payment of N500 million from one, Owolanke Micheal, without going through any financial institution.
According to the EFCC, Faboyede, was particularly fingered as being the state Chairman of PDP had on March 27, 2015, made a cash payment of N500 million to the Ondo State PDP’s Election Committee, without going through a financial institution.
The offence of money laundering contravenes Section 1 of the Money Laundering (Prohibition) Act, 2011(as amended by Act 1 of 2012) and punishable under Section 16(2)of the same Act.