The no case submission instituted by former aviation minister, Chief Femi Fani-Kayode, will on November 17, be decided upon by Justice Rita Ofilli-Ajumogobia of a Federal High Court sitting in Lagos.
This position was made known on Monday by the judge, after counsel to the former minister, Ifedayo Adedipe, notified the court of an application for a no case submission filed on behalf of Fani-Kayode, against the money laundering charge made against him by the Economic and Financial Crimes Commission (EFCC).
It will be recalled that the former minister is standing trial on an amended 40-count charge, bordering on the alleged offence.
The senior lawyer also informed the judge that he had filed a reply on points of law in response to the issues raised by the anti-graft agency in their processes.
In adopting his submission, Adedipe prayed the judge to discharge the former minister of all 40 counts, on the grounds that no case has been made out against him, to warrant him to enter a defense.
“The accused pleaded not guilty to the charges against him before this court, and by so doing, he has joined issues with the prosecution, leaving them to prove their case beyond doubt.
“The prosecution called six witnesses, and of all these witnesses, none of them came forward to give any evidence that they had any financial transaction with the accused,” he said.
He equally maintained that even though the statement of account of the accused was put in evidence for which he was required by the prosecution to make explanations, such statement was not prima facie evidence of crime.
Adedipe who made reference to the case of Abacha vs State, insisted that by the decision of the Supreme Court, such statement of account could only amount to mere suspicion which no matter how well placed, did not constitute a prima facie case.