.Court adjourns trial May 14
By Onyewuchi Ojinnaka
The ongoing trial of the embattled immediate past governor of Ekiti State Ayodele Fayose charged with offences bordering on money laundering, ended abruptly on Friday without the conclusion of prosecution’s examination in chief of its 13th witness, Mr Adewale Aladegbola Clement, a former driver at the Ado-Ekiti branch of Zenith bank.
The witness had while being led in evidence by the Economic and Financial Crimes Commission (EFCC) prosecutor Rotimi Jacobs (SAN), gave answers in a way that seemed to contradict the extra judicial statement he made at the EFCC
Shortly after the commencement of examination in chief, the prosecution while not comfortable with responses by its witness, applied for adjourment of the trial to a new date to enable the it reappraise the witness.
Fayose was arraigned on an 11 counts charge by the EFCC, on October 22, 2018, alongside a company,Spotless Investment Ltd. before Justice Mojisola Olatoregun of a Federal High Court, Lagos Nigeria
He had pleaded not guilty to the charges, and the court had granted him bail in the sum of N50million with one surety in like sum.
EFCC opened the case for the prosecution on November 19, 2018 and is still leading evidence.
At the resumed trial on Friday, EFCC called its 12th and 13th witnesses respectively.
The 13th witness for the prosecution, (Adewale A. Clement), who introduced himself as a former Bullion Van driver with Zenith bank, Ado-Ekiti branch as at 2015, told the court that his area of duty was cash picking and in absence of cash to pick, he drived in the marketing section.
When asked about the vehicles he used for his job, he said he uses two vehicles namely: a Bullion Van and an Escort Van.
The prosecutor then asked the witness to tell the court what transpired on AprI’ll 16, 2015 in relation to cash operation in the bank and in response, the witness said:
“I don’t have any operation, more so, the Bullion Van which I was using was grounded on that date,”
When asked to tell the court what transpired between him and one Alfa named Oputu Okiemute, he said that he got to know the said Alfa in August.
“He told me about the cash they had picked and that we need to cover up as if we had gone to pick it up officially, and I asked him what do you want me to do now as you said I was not aware,” he said
At this point, the prosecutor Rotimi informed the court that the witness was departing from the contents of his extra judicial statement made to the EFCC.
According to Jacobs, “From the evidence this witness is giving, it appears he is trying to be hostile; he made statement to the EFCC and now, he is trying to depart from the statement,”
Jacobs then sought an adjournment to enable him contemplate on the nature of application to bring before the court, on the development.
But defence counsel, Messrs Ola Olanipekun (SAN) and Olalekan Ojo (SAN), both objected to the request for adjournment.
They argued that where a witness departs from his extra judicial statement in court, it is not sufficient grounds for an adjournment, adding that same is manifestly untainable.
Citing the provisions of Sections 230 of the Evidence Act, Ojo specifically opposed the application for adjournment, on grounds that the law requires the prosecution in such situation, to cross examine the witness in order to impeach his character.
Defence urged the court to refuse an adjournment.
Nevertheless, Justice Olatoregun queried why prosecution cannot instantly cross examine the witness, the court however, noted that since it was the case of the prosecution , it will grant an adjournment in its favour.
The court consequently, adjourned the case until May 14 for continuation of trial.
Earlier, a 12th prosecution witness, Mr Aliu Mohammed Mukandaz, who is a Senior Manager with the Central Bank of Nigeria, had told the court that the sum of N2.2billion, was paid into the Diamond bank account of Silva McNamara.
He said that the account was to fund any Security Agencies account like NIA, DIA, NSA and State House’ Account.
On the role he played in the disbursement, he told the court that he had no role to play but only to disburse, payments on the directives of the account signatories.
According to him, the payment was authorised by the former National Security Adviser, who is also signatory to the account.
Counsel “Can you tell my lord the meaning of Security Services”
Witness: “I dont know that because it is not within my jurisdiction”
Counsel: “Before making payments, did you ascertain the directors of Sylva McNamara”
Witness: “I dont know any my lord”.
In the charge, Fayose and one Abiodun Agbele were said to have on June 17, 2014, taken possession of the sum of N1.2 billion, for purposes of funding his gubernatorial election campaign in Ekiti State, which sum they reasonably ought to have known formed part of crime proceeds.
Fayose was alleged to have received a cash payment of the sum of five million dollars, (about N1.8 billion) from the then Minister of State for Defence, Sen. Musiliu Obanikoro, without going through any financial institution and which sum exceeded the amount allowed by law.
He was also alleged to have retained the sum of N300 million in his account and took control of the aggregate sums of about N622 million which sum he ought to have known formed part of crime proceeds.
Fayose was alleged to have procured De Privateer Ltd and Still Earth Ltd, to retain in their accounts, the aggregate sums of N851 million which they reasonably ought to have known formed part of crime proceeds.
Besides, the defendant was alleged to have used the aggregate sums of about N1.6 billion to acquire properties in Lagos and Abuja, which sums he reasonably ought to have known formed part of crime proceeds.
The accused was also alleged to have used the sum of N200 million, to acquire a property in Abuja, in the name of his elder sister Moji Oladeji, which sum he ought to know also forms crime proceeds.
The offences contravenes 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.
