By Onyewuchi Ojinnaka
The trial of former Ekiti State governor Mr Ayodele Fayose continued on Thursday before Justice Chukwujekwu Aneke of a Federal High Court sitting in Lagos, with the 15th witness called by the Economic and Financial Crimes Commission (EFCC) in the alleged fraud, money laundering trial of the ex-governor.
The witness, Mr Joseph Machleb, was led in evidence-in-chief by the prosecutor, Mr Rotimi Jacobs (SAN)
Fayose is being prosecuted by EFCC over alleged N6.9 billion fraud and money laundering charges.
At the resumed trial on Thursday October 17, the witness who is not fluent in English language while giving evidence , told the court that he lived In Akure, Ondo State and works for a construction company, known as Samchase Nig. Ltd as a mechanic.
When asked if he knew a company called J.J Technical Services Ltd, he answered ‘Yes’, and told the court that the company was jointly incorporated by himself and his elder brother.
He further told the court that they handed over the company to one Azeez Michelle to solicit for contracts for the company.
When asked whether the company was involved in buying of properties, he said “I don’t know anything about that.
“I don’t authorize Michelle to buy property; I only told him to look for contracts for the company”
During cross examination by the defence counsel Mr Olalekan Ojo (SAN), the witness told the court that he did not authorise in writing, one Azeez Michelle to execute any transaction for the company, J.J Technical Services.
Ojo then asked: “If I give you any document that shows you authorised same, will you remember”
The witness replied “Maybe I will”
Ojo then applied that a document dated November 20, 2013 be shown to the witness for purposes of refreshing his memory pursuant to the provisions of Section 239 of the Evidence Act.
The prosecutor did not object.
When shown the document, the witness identified his signature and admitted signing same.
Defence counsel then tendered the evidence before the court and it was admitted and marked as exhibit A20.
On further cross examination by Ojo, the witness told the court that J.J Technical Services authorised the said Azeez Michelle to sign and execute documents, letters and instructions on behalf of the company.
When asked if he knew that on the strength of exhibit A20, Michelle executed many transactions on behalf of the company, the witness replied : ‘ No, I don’t know”
Defence counsel then called for exhibit MM1 and 2 and asked the witness if it was the first time he was seeing the documents.
The witness replied “After these issues come up”
He added that he did not receive any document, saying that his brother only called to inform him that there was a problem in the company.
Ojo asked: “When your brother told you that there was a problem in the company, you were worried and wanted your company to be out of any problem”?
The witness replied : “Of course”
Then witness also confirmed to the court as suggested by defence counsel, that his company executes its businesses or duties in a legitimate manner.
He also told the court that his company never wrote any letter or memo to the said Michelle to find out if he knew anything about the documents MM1 and 2
Ojo then asked the witness to look at the first defendant in the dock and tell the court if he has seen him before.
The witness replied : “Yes, I see him on TV”. He also confirmed having knowledge of Fayose being a former governor of Ekiti.
Defence counsel then asked : “I suggest to you that both you and your company had no business with him during his tenure as governor,”
The witness replied : “No, I never, J J never”.
When asked if the defendant had ever visited his family in Lebanon , the witness replied “I don’t know”
When asked if Michelle had been reporting to him about activities carried out with respect to the document, the witness replied “he has not”
The witness also denied knowing one Biodun Agbele or having any transaction with him.
Ojo then asked the witness if he recalled going to the EFCC and he replied ‘Yes’.
When asked if the commission had showed him any document in respect of any transaction between his company and the first defendant, or his company and Biodun Agbele, the witness said:
“They just show me one agreement”
During cross examination by first defence counsel, Mr Uchenna Njoku (SAN), the witness confirmed that his company had affirmed Michelle to act for it due to trust and confidence.
He told the court that till date he had not found any reason to doubt Michelle’s integrity to act for the company.
At this juncture, the court adjourned until Friday October 18 for continuation of trial.
Recall that Fayose was first arraigned on October 22, 2018, before Justice Mojisola Olatoregun, alongside his company, Spotless Investment Ltd, on 11 counts charge 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.
However, 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.
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, 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.