By Jude-Ken Ojinnaka
The absence of the 12th prosecution witness, Mr Musiliu Obanikoro, on Monday, stalled the continuation of the trial of former Ekiti State governor Ayodele Fayose before Justice Chukwujekwu Aneke of the Federal High Court sitting in Lagos.
Obanikoro, a former Minister of State for Defence, began his evidence on January 31 and is still in the witness box for cross-examination by the defence.
Fayose is being prosecuted by the Economic and Financial Crimes Commission (EFCC), over alleged fraud and money laundering charges.
He was first arraigned on October 22. 2018, before Justice Mojisola Olatoregun, alongside his company, Spotless Investment Ltd, on 11 counts bordering on fraud and money laundering offences.
He had pleaded not guilty to the charges and was granted bail on October 24, 2018, in the sum of N50 million with sureties in like sum.
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However, the defendant, was subsequently, re-arraigned before Justice Chukwujekwu Aneke, on July 2, 2019, after the case was withdrawn from Justice Olatoregun, following EFCC’s petition.
He had also pleaded not guilty to the charges and was allowed to continue on the earlier bail granted, while the case was adjourned for trial.
The commission has since opened its case before Justice Aneke and is still leading witnesses in evidence.
When the case was called on Monday, Mr Rotimi Jacobs (SAN) announced an appearance for the prosecution, while Mr Olalekan Ojo (SAN) appeared for the second defendant.
Meanwhile, Mr Ahmed T. held the brief of Mr Ola Olanipekun (SAN) for the first defendant.
The prosecutor then informed the court that the case ought to be for the continuation of cross-examination of Pw12, but added that he was told by his aide that he was away from the country
He also told the court that the witness could not also be reached by phone, and urged the court to allow them another opportunity to come back.
Specifically, Jacobs urged the court to grant an adjournment to the already existing dates in June.
The defence counsel did not oppose this application for adjournment.
Second defence counsel Olalekan Ojo however, said that if “the trend” continues on the next adjourned date, he would have no choice but to make the “necessary application.”
On his part, the first defence counsel informed the court of an application seeking leave of the court for medical travel of the defendant.
He told the court that his application was dated May 5 but filed today May 8.
The prosecutor did not oppose the application.
Justice Aneke consequently, granted the defendant’s application to travel for medicals.
He adjourned the case to the already existing dates of June 6 and June 8 for the continuation of trial
In December 2021 EFCC called its 11th witness, Mrs Joanne Tolulope, who had narrated how Abiodun Agbele, an associate of Fayose, bought properties worth several millions.
Recall that during the trial before Justice Olatoregun. the prosecution had called witnesses from several commercial banks, as well as Obanikoro.
According to the charge, on June 17, 2014, Fayose and one Abiodun Agbele were said to have taken possession of the sum of N1.2 billion, for purposes of funding his gubernatorial election campaign in Ekiti, 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.
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 reasonably ought to have known formed part of crime proceeds.
Fayose was alleged to have procured De Privateer Ltd and Still Earth Ltd, to retain 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.
He 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 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.