Justice Mojisola Olatoregun of the Federal High Court in Lagos, will continue proceedings today in the trial of the former Governor of Ekiti State, Ayodele Fayose over an alleged N6.9billion million money laundering charge preferred against him by the Economic and Financial Crimes Commission (EFCC).
The judge also slated Feb 5 and 6 to hear the case.
Before the last adjournment on 21 January, Senator Musiliu Obanikoro told the court he gave $5m in cash to Fayose in June 2014, on the instruction of the former National Security Adviser Colonel Sambo Dasuki.
The money, he said came from the imprest account of the ONSA. Kanu Agabi (SAN), counsel to Fayose is expected to cross examine Obanikoro today.
Fayose and his company, Spotless, are facing 11 counts of conspiracy and money laundering. He pleaded not guilty to the charge, and was granted bail in the sum of N50 million with one surety in like sum.
Substantive trial began on Nov. 19, 2018, with the EFCC calling four witnesses.
On 21 January, Mr Rotimi Jacobs (SAN) appearing for the EFCC called on Obanikoro, the fifth prosecution witness, to give evidence. Jacobs asked him where he was in 2014 and he told the court that he was the Minister of State for Defence.
The counsel asked him to tell the court what he knew about the case. The witness testified that in June 2014, when Ekiti State governorship election was near, he received a call from the accused, enquiring from him if there was any ‘message’ for him from the then National Security Adviser (NSA), Col. Sambo Dasuki.
The witness said that he told Fayose that there was none but promised to check with the NSA and give Fayose a feedback.
He told the court that eventually, the NSA confirmed to him that he had a “message” for the accused and that the funds would be made available.
The prosecutor then showed the witness exhibit E to confirm if it was the account to which the funds were transferred, and the witness replied: “Yes”.
The witness told the court that on June 13, 2014, and June 16, 2014, funds were posted into the account, adding that the funds were from the imprest account of the NSA.
He said that he asked the accused how he wanted the money, and he told him that some amounts should be paid in Naira and others in dollars.
According to him, the money was eventually brought in a bullion van to the private wing of the Ikeja Airport, where one Agbele, sent by the accused, was on standby.
He testified that after confirmation from the accused, the money was taken to Ekiti. The witness told the court that afterwards, he went to Ado-Ekiti to meet the accused in his hotel, known as Spotless, and gave him the dollar component which was five million dollars.
The prosecution counsel asked Obanikoro how many days it was to the Ekiti governorship election when he gave Fayose the money.
“About three days to the election,” the witness replied. Prosecution also asked the former minister the source of the money.
“The NSA is the only person that can ascertain the source of the money; it is from the imprest account of the NSA,” he said.
The counsel asked how the money was debited and the witness told court that he gave instructions to the managing director of the Diamond bank, but was not available when the deductions were made.
When asked his connection with the accounts, Obanikoro said that it was used for security purposes, adding that he would not want to divulge further information on that.
The EFCC said that, on June 17, 2014, Fayose and Agbele took possession of N1.2 billion for funding his gubernatorial election campaign.
The commission said that the accused reasonably ought to have known that the sum formed part of crime proceeds. EFCC alleged that Fayose received a cash payment of five million dollars (about N1.8 billion) from Obanikoro without going through any financial institution, noting that the sum exceeded the amount allowed by law.
It also accused Fayose of retaining N300 million in his Zenith Bank account and taking control of the aggregate sums of about N622 million which sums, it said, formed part of crime proceeds.
Fayose was also alleged to have procured De Privateer Ltd. and Still Earth Ltd., to retain in their Zenith and FCMB accounts, the aggregate sums of N851 million which formed part of crime proceeds.
He was also accused of illegally using the aggregate sums of about N1.6 billion to acquire properties in Lagos and Abuja.
The accused was also alleged to have illegally used N200 million to acquire a property in Abuja in the name of his elder sister Moji Oladeji. The News Agency of Nigeria (NAN) reports that the alleged offences contravene Sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d), and 18 (c) of the Money Laundering Prohibition Act, 2011