The erstwhile governor and a firm, Spotless Investment Limited are being prosecuted by the Economic and Financial Crimes Commission (EFCC) over an alleged N3.3 billion fraud.
Fayose and Spotless Investment Limited have pleaded not guilty to the charge.
The EFCC listed Abidakun as a replacement for a bullion van driver with the bank, Adewale Aladegbola, who had earlier testified in the case.
The anti-graft agency claimed that Fayose had gone behind to compromise the bullion van driver, hence, its decision to drop him and use Abidakun as a replacement.
However, the defendants, through their lawyers, Ola Olanipekun, (SAN) and Olalekan Ojo (SAN) filed an interlocutory summons objecting to the EFCC’s move to change its witness.
The defence counsels contended that allowing a change of witness was an abuse of court process by the prosecution.
But, the prosecuting counsel, Rotimi Jacobs (SAN) maintained that the EFCC was at liberty to replace Aladegbola with Abidakun since the case was starting afresh before Justice Chukwujekwu Aneke, after it was transferred from Justice Mojisola Olatoregun before whom Aladegbola had testified.
Delivering the ruling on Monday, Justice Aneke agreed with the prosecution and dismissed the objection by the defence.
He ruled: “This is a fresh trial; the parties are at liberty to call any witness that they desire in proof of their case. As a result, the defendants/applicants’ interlocutory summons is dismissed for lack of merit.”
The matter was subsequently adjourned till May 5 and 6 for the continuation of trial.
In the charges, the EFCC alleged among other things, that Fayose, on June 17, 2014 took N1, 219 billion to fund his 2014 gubernatorial campaign and that he received $5 million from the former Minister of State for Defence, Senator Musiliu Obanikoro, contrary to Sections 1 and 16 (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 16 (2) (b) of the same Act
