Justice Rita Ofili-Ajumogobia, who presided over the case, ordered the defendant to enter his defense
In her ruling, the presiding judge, said certain questions has to be answered in considering the no case submission as filed by the defense counsel and certain laid down principles considered. She said such questions include: Has the prosecution led any evidence to link the accused person to the commission of the offense? Is the evidence adduced by the prosecution so credible to sway the court to compel the accused person to enter his defense and is the evidence so adduced make meaning and sense to any discerning minds?
In appraising the submissions of both the prosecution and the defense, Justice Ajumogobia, said the prosecution has failed woefully to prove beyond reasonable doubt the offense in thirty-eight counts and accordingly, discharged and acquitted the former minister.
She however ordered Fani-Kayode to enter his defense in counts twenty-five and twenty-six, noting that the prosecution has led evidence to show the ingredient of the offense.
The case was subsequently adjourned to the 8th of December for continuation after Dr. Abiodun Layonu asked for a short adjournment. Fani-Kayode is expected to open his defense on the two counts on that day.