‘N6.9bn fraud’: Witness says Fayose didn’t personally handle transactions

Abubakar Madaki, a witness to the Economic and Financial Crimes Commission (EFCC), has told a federal high court in Lagos that Ayodele Fayose, a former Ekiti state governor, did not personally make any of the financial transactions relevant to the charge before the court.

Olalekan Ojo, counsel for the second defendant, who cross-examined the witness, asked that a document, exhibit D12, be shown to Madaki.

Ojo asked Madaki, an investigating officer with the EFCC, to look through the exhibit and confirm to the court if there was any transaction relevant to the charge that was personally made by the first defendant.

But the witness said, “There is none,” after which defence counsel also asked him if he recalled telling the court that he did not see any of the transactions in the case.

The witness replied, “I only said it was in the course of investigation.”

On whether he acted based on facts in his investigation, the witness replied, “Yes, very well my lord.”

When further asked if the facts were made available to him by persons who saw or participated in the transactions, the witness replied, “Yes, in the course of investigations.”

The witness was questioned by the defence attorney on whether any conclusions presented to the court, including those derived from investigations into the charge, were based on information that he had either read or been told.

“Yes, including documents recovered in the course of investigations,” was Madaki’s reply.

The witness responded in the affirmative when the defence attorney questioned him if he remembered the name “Eruka” and whether a statement had been taken from him.

When defence counsel asked the witness to confirm if the said Eruka was in Abuja on the same day, the 11th witness, Musiliu Obanikoro, a former senator, claimed he was in Abuja according to exhibit J.

But before Madaki could respond to the question, the prosecutor objected on the grounds that the witness could not be made to give evidence on an extrajudicial statement of a dead man, which was merely tendered.

After intervention from the court that the witness should answer the question in the interest of justice, Madaki replied that he could not find the portion where it was stated.

When asked by Ojo if he came across any document where Fayose acknowledged receipt of any amount of money from Obanikoro, the witness replied that there was no document of acknowledgement.

Under further cross-examination by the first defence counsel, Ola Olanipekun, the witness mentioned that N4.6 billion was transferred by the then national security adviser (NSA) to one Sivan Macnamara.

He said the money was transferred from an impress account of the office of the NSA to the Diamond Bank account of Macnamara.

The senior lawyer asked why the fund was not transferred directly to Fayose, whom the money was purportedly meant for.

The witness said: “Questions were asked, and investigations showed that it was meant to disguise the source of the money; so, it was given in cash to avoid traces.”

On whether he had confirmed if the funds were proceeds of drugs, the witness replied that the money was not proceeds of drugs.

The court adjourned for the continuation of the trial until July 19.

THE CASE AGAINST FAYOSE

Fayose is being prosecuted by the EFCC for alleged N6.9 billion fraud and money laundering.

According to the charge, on June 17, 2014, Fayose and one Abiodun Agbele were said to have taken possession of N1.2 billion for purposes of funding his gubernatorial election campaign in Ekiti, which they reasonably ought to have known formed part of crime proceeds.

Fayose was alleged to have received a cash payment of $5 million from Obanikoro without going through any financial institution.

He was also alleged to have retained N300 million in his account and purportedly took control of the aggregate sum of about N622 million, “which he reasonably ought to have known formed part of crime proceeds.”.

He was further alleged to have procured De Privateer Ltd. and Still Earth Ltd., to retain N851 million “which they reasonably ought to have known formed part of crime proceeds”.

The defendant was alleged to have used about N1.6 billion to acquire properties in Lagos and Abuja, “which he reasonably ought to have known formed part of crime proceeds”.

He was also alleged to have used N200 million to acquire a property in Abuja in the name of Moji Oladeji, his elder sister, which he ought to know also formed crime proceeds.

The offences contravene the provisions of sections 15(1), 15(2), 15(3), 16(2)(b), 16(d), and 18(c) of the Money Laundering Prohibition Act 2011.