Libel: Sowore, Company File 47 Paragraph Defence Against Kayode Fayemi

…Say Ex-Governor A Thief With No Reputation

..Diverted London/Paris Club Refunds Of N2.4bn

The publisher of Sahara Reporters, Mr Omoyele Sowore has filed a 47-paragraph defendants’ joint statement of defence in response to a libel suit brought by former Ekiti State governor, John Olukayode Fayemi.

Fayemi had filed the libel suit against Sowore and his company, Sahara Reporters Limited for a story allegedly published on March 26, 2021, titled “How Governor Fayemi Demands 10% Of 159bn Refund To Paris Club Contractors As Kickback”.

But filing the defence statement at a Federal Capital Territory High Court in Abuja on June 10, 2024, Sowore said Fayemi can’t claim libel since all he alleged him of was true.

The defendants tell the court that the publication in question was a fair report based on public interest, contrary to the Claimant’s allegations of libel.

Sowore and his company alleged that Fayemi secured a N20 billion loan from a bank to build an international cargo airport in Ado Ekiti, despite rejecting an offer from Aare Afe Babalola to contribute to the project, claiming that the state had sufficient funds to complete the airport. This contradicts Fayemi’s claims of uprightness and incorruptibility.

They said the cargo airport in Ado-Ekiti, inaugurated on October 15, 2022, was not fully completed, despite claims by the claimant, John Olukayode Fayemi, that it was a world-class facility, adding that no other aircraft landed there since its inauguration.

They also note that the Ekiti State Government disclosed in its 2023 budget presentation that over N16.5 billion had been spent on the airport’s construction, but the control tower, passenger terminal, and runway remain incomplete. The defendants question the claimant’s assertions about the airport’s capabilities and suggest that the inauguration was misleading.

Sowore and his company tell the court that Fayemi is a thief who has no reputation and has been indicted for many offences.

The defendants argue that the claimant, John Olukayode Fayemi, diverted the London/Paris Club refund of N2.4 billion intended for the 16 Local Government Councils in Ekiti State.

In the joint statement of defence in suit No: FCT/HC/CV 2062/2021, Sowore asks the court to dismiss the suit with substantial costs, arguing that Fayemi has no reputation to protect.

Sowore and his company, in their defence statement, highlighted some of the times Fayemi was charged with financial impropriety.

According to the defendants, Fayemi was charged in January 2018 with financial impropriety offences in the High Court of Ekiti State (Charge No: HAD/5c/2018 – The State Vs. Dr John Kayode Fayemi and Mr Vincent Dapo Kolawole).

The defendants also said a Judicial Panel of Inquiry was constituted in 2017 to investigate Ekiti State’s finances between 2010 and 2014.
“The panel indicted Fayemi for various offences, including the diversion of N4.995 billion and N5 billion from Ekiti State bonds earmarked for projects in the state,” the defendants argued.

Also, the defendants said Fayemi was “indicted in the stealing the sum of N179, 979, 441.77 (One Hundred and Seventy-Nine Million, Nine Hundred Seventy-Nine Thousand, Four Hundred and Forty-One, Seventy-Seven Kobo) only being the outstanding sum from the Ekiti State Bond proceed sum of N335, 500, 000.00 released for the renovation of Ado Ekiti watermarks, out of which only N155, 523, 58 was expended”.

They added that Fayemi was indicted in stealing the sum of N468,645,000.00 only being the sum of money earmarked in the Bond Prospectus titled ‘Ekiti State Government of Nigeria, Offer for subscription of N20, 000, 000, 000.00 (Twenty Billion Naira) only. 14.5% Fixed Rate Bond Due 2018 under the Ekiti State Government of Nigeria N25,000,000,000.00 (Twenty Five Billion Naira) Only Bond Issuance Programme and released for the Construction of Ero water works”.

They also listed other alleged corrupt practices of Fayemi such as “stealing the sum of N468,645,000.00 (Four Hundred Sixty-Eight Million, Six Hundred and Forty-Five Thousand Naira) only being the sum of money earmarked in the Bond Prospectus titled “Ekiti State Government of Nigeria, Offer for subscription of N20, 000, 000, 000.00 (Twenty Billion Naira) only, 14.5% Fixed Rate Bond Due 2018 under the Ekiti State Government of Nigeria, N25,000,000,000.00 (Twenty Five Billion Naira) Only Bond Issuance Programme and released for the Construction of Ero water works.

“For stealing the sum of N2,750,000,000.00 (Two Billion, Seven Hundred and Fifty Million Naira) only being the sum of money earmarked in the Bond prospectus titled “Ekiti State Government of Nigeria, Offer for subscription of N20, 000,000,000.00 (Twenty Billion Naira) Only. 14.5% fixed Rate Bond Due 2018 under the Ekiti State Government of Nigeria N25, 000,000,000.00 (Twenty-Five Billion Naira) only Bond issuance Programme and released for the construction of Ultra Modern Market in Ekiti State which the Claimant never built.

“For stealing the sum of N716, 688, 790. 92 (Seven Hundred Sixteen Million, Six Hundred and Eighty-Eight Thousand, Seven Hundred and Ninety Naira, Ninety Two Kobo)only being outstanding fund from the Ekiti State Bond Proceed sum of N750, 000,000,000.92 (Seven Hundred and Fifty Billion Naira, Ninety Two Kobo) only earmarked and released for the construction of Ekiti State School of Agriculture, out of which only N33, 311,209.08 (Thirty-Three Million, Three Hundred and Eleven Thousand, Two Hundred and Nine Naira, Eight kobo) only was expended.

“For stealing N198, 860, 023.00 (One Hundred and Ninety-Eight Million, Eight Hundred and Sixty Thousand and Twenty Naira) Only being outstanding fund from the Ekiti State Bond Proceed sum of N500,000,000.00 (Five Hundred Million Naira) only earmarked and released for the Construction of Ekiti State Liaison Office in Lagos, out of which only N301, 139.977.00 (Three Hundred and One Million, One Hundred and Thirty-Nine Thousand, Nine Hundred and Seventy-Seven Naira) only was expended for the said construction.

“For stealing of N681, 347, 255.22 (Six Hundred Eighty-One Million, Three Hundred Forty-Seven Thousand, Two Hundred and Fifty-Five Naira, Twenty-Two Kobo) only being outstanding fund from the Ekiti State Bond proceeds sum of N767.970,167.47 (Seven Hundred and Sixty-Seven Million, Nine Hundred and Seventy Thousand. One Hundred and Sixty-Seven Naira, Forty-Seven Kobo) only released for the renovation of Governor’s office out of which only N87623.912, (Eighty Seven Million, Six Hundred and Twenty-Two Thousand, Nine Hundred and Twelve Naira, Twenty-two kobo) only was expended for the renovation.”

The defendants also mention a petition by concerned Ekiti citizens to the Economic and Financial Crimes Commission (EFCC) to investigate alleged treasury looting by Fayemi, which they intend to rely on in the trial.

The defendant also said Fayemi on May 19, 2021, launched the “Ekiti Rice Pyramid” in Ado Ekiti State, with former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, in attendance with the project aimed to support three million rice farmers and enhance the country’s agricultural value chain.

The defendants however, said the funds collected for the project were instead diverted during Fayemi’s tenure despite his assurances that the project would increase Ekiti State’s annual rice production from 34,700 to 15 million metric tonnes and create 12,000 jobs.

The defendants said despite a committee of Ekiti State indigenes raising funds and materials to fight the COVID-19 pandemic, Fayemi caused the Ekiti State Government to take a $20 million loan to combat COVID-19, which they alleged was diverted.