Former Minister of Mines and Steel Development, Dr Kayode Fayemi.

Ekiti Probe: Govt Slams 19-Count Charge Of Stealing N4.9bn On Fayemi


……. ex-finance commissioner

Less than two weeks after releasing a white paper on the report of the

Justice Silas Oyewole Judicial Commission of Inquiry into the Finances

of Ekiti State during the administration of the Minister of Mines and

Steel Development, Dr Kayode Fayemi as governor, the

State government has filed criminal charges of corruption against

Fayemi and his Finance Commissioner, Mr Dapo Kolawole.


The 19-count charge HAD/05c/2018, in which Fayemi and Kolawole were

accused of stealing, abuse of office, criminal contempt, among others

was filed before the State High Court, Ado Ekiti on Friday, January

26, 2018.


Fayemi and his Finance Commissioner were accused of misappropriating

the sum of N4.9bn being the proceeds of Ekiti State Bond for the

sum of N20bn earmarked in the Bond Prospectus for various

projects in the State that were either not done or partly done.


While releasing the white paper on January 15, 2018, the government

had directed that the state’s Ministry of Justice should institute

appropriate legal action(s) against Fayemi and others adding that

Fayemi and his Finance Commissioner should be made to account for the

whereabouts of the fund allocated to projects in the N25bn Bond

Prospectus, which were either not executed or partly executed.


Count 12 of the criminal charge, which bordered on conspiracy to steal

and punishable under Section 516 of the Criminal Code law, Cap C. 16

Laws of Ekiti State, 2010 reads; “That you Dr John Kayode Fayemi and

Mr Vincent Dapo Kolawole, while holding the offices of the Executive

Governor of Ekiti State of Nigeria and Commissioner for Finance

respectively, sometime between 2011 and 2014, within the jurisdiction

of this Honorable Court, conspired to steal the sum of

N2,750,000,000.00 (N2.75 billion) being the sum of money earmarked in

the Bond Prospectus titled; ‘Ekiti State Government of Nigeria, Offer

for Subscription of N20,000,000,000 (N20 billion). 14.5% Fixed rate

Bond Due 2018 Under the Ekiti State Government of Nigeria

N25,000,000,000.00 Bond Issuance Programme ‘ and released for the

construction of Ultra-Modern Market in Ekiti State, which you never

built; and thereby committed an offence.”


Also on the N25 billion bond, Fayemi and Kolawole were accused of

stealing the sum of N716,688,790.92 out of the N750 million earmarked

in the Bond Prospectus and released for the construction of Ekiti

State School of Agriculture out of which only N33.311,209.08 was

allegedly spent, N198,860,023.00 being outstanding fund from the N500

million earmarked in the Bond Prospectus and released for the

construction of Ekiti State Liaison Office in Lagos, out of which only

N301,139,977 was expended for the said construction.


Furthermore, out of the N767, 970,167.47 earmarked in the Bond

Prospectus and released for the renovation of Governor’s Office, only

N87, 622,912.25 was spent, leaving outstanding sum of N681,

347,255.22. For the renovation of Ado Ekiti Water Works, N335.5

million was earmarked and released while only N155, 523,558 was spent,

leaving outstanding sum of N197, 979,441.77 and N468.6 million

earmarked for construction of Ero Water Works, which was not done.


Fayemi and Kolawole were also charged with criminal contempt for

refusing to appear before the Judicial Commission of Inquiry, an

offence punishable under Section 13 of the Commission of Inquiry Law,

Cap C. 10, Laws of Ekiti State, 2010, Section 126(2) of the Criminal

Code laws, Cap C. 16, Laws of Ekiti State, 2010 and Criminal Contempt

punishable under Section 133 of the same criminal code.


It should be recalled that the Ekiti State government banned the duo

of Fayemi and Kolawole from holding public office in the State for 10

years, for their refusal to appear before the Commission of Inquiry,

even after the determination of the case challenging the inauguration

of the commission of inquiry before the Ekiti State High Court.


“Government views accountability and probity as the hallmark of good

governance. Therefore, the government decided to set up the Judicial

Panel of Inquiry in line with its law enacted in 2012.


“Both Dr Fayemi and Mr Kolawole are recommended as unfit to hold any

public office in the state for their refusal to appear before the

Commission of Inquiry. Their disrespect to the constituted authority

and the undignified roles they played in the whole contracts saga

which were obviously against the interest of the state they were

supposed to protect. They should be barred from holding public office

for a specified period,” the white paper read.


While submitting its report on December 13, 2017, the Judicial

Commission of Inquiry had said that the former governor must account

for the whereabouts of a sum of N2.75 billion allocated from the N25

billion bond obtained by the government for the execution of contract

for the construction of Ultra-Modern market in Ado Ekiti, which was

never executed.


The commission of inquiry also said that the contractor in respect of

the furnishing of the government house built by the Fayemi’s

administration should be made to refund a sum of N324.8 million,

noting that the contract should not have been more than N280 million.


The panel said it found out that KITWOOD Nigeria Limited to which the

furnishing contract of over N600 million was awarded had no traceable

address and that “the address on the Letter of Award is a virgin land

at opposite the new Central Bank along new Iyin Road, Ado Ekiti.


On the purchase of vehicles, the panel said “claim by Coscharis Motors

that it supplied 235 and/or 250 vehicles was fraudulent and that

fraught with so many contradictions.


“That Coscharis Motors supplied some vehicles outside Ekiti State

especially, at Ibadan Liaison office when Ekiti State Government does

not have a Liaison office in Ibadan. In respect of this, seven

vehicles were supplied outside the State and signed for by unknown



“That Coscharis Motors only supplied 219 vehicles to the Ekiti State

government and that 17 Joylong Buses were supplied to the Ekiti State

Government as gift but later carted away.”


On the controversial N852.9 State Universal Education Board (SUBEB)

fund, the commission said it was clear that the Government of Dr

Fayemi hoodwinked the federal government into paying its own matching

grant by obtaining N852, 936,783.12 loan from Access Bank on November

25, 2013 without perfecting documentation in respect of the loan,

thereby flouting the provisions of Section 11(2) of the UBEC Act,