The offences were allegedly committed 11 years ago.
Also charged with him is a member of the House of Representatives, Mr. Thaddeus Aina, who was absent from court.
The two men were charged with the killing of the then Holland-based Mr. Tunde Omojola and a World Bank consultant, Dr. Ayodeji Daramola.
The trial was, however, stalled because of the absence of Aina, said to have gone abroad for medical treatment.
The two murder cases were consolidated on the request of the lawyers for both parties.
Omojola was killed in Ifaki Ekiti in 2006 during a councillorship election while Daramola was murdered in Ijan Ekiti on August 14, 2006.
Both murders were committed during the first term of Fayose.
When the case was brought before Justice Adewale Fowe, on Tuesday, the prosecuting counsel, Mr Adekunle Adetowubo, told the court that Aina, who is currently representing Ekiti-North Federal Constituency II, had been flown abroad for medical treatment for an undisclosed ailment.
Both Adetowubo and the counsel for the defendants, Mr Adedayo Adewumi, sought a brief adjournment and also prayed the court to issue a summons, so that all the witnesses could be brought to court at the next adjournment date.
Adetowubo said, “My lord, the counsel for the 2nd respondent told me that he was sick.
“The purpose of this case is to prosecute and not to persecute. Again, only the living could be tried and not the dead. We pray that he recovers soon and by the time he appears, the trial can be heard expeditiously.
“We can’t continue with this case until the 2nd defendant appears in court because this is a criminal case.
“Ordinarily, we would have requested for a bench warrant to bring him to court, but we have done our own findings and we found out that he was truly flown abroad for treatment.
“My lord, this adjournment does not mean we are withdrawing the charges against him, we are not even ready for that.
“Some of those granted bail in this case could not be found now, but the 2nd respondent has consistently been coming to court. So, we want him granted this opportunity to appear when his health is restored.”
The counsel for the respondent aligned with the submission of the prosecuting counsel that a brief adjournment was needed under the circumstance.
In his ruling, Justice Fowe, who had earlier objected to an adjournment, said, “This matter has stayed for long and I wish we continue now. But since both parties had sought for this adjournment under the circumstance, I hereby adjourn the case till April 27, 2017 for hearing.
“I also direct that all processes be served on the prosecuting witnesses to appear in court on that day.”
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