By Onyewuchi Ojinnaka
The trial of embattled former governor of Ekiti State, Ayodele Fayose continued on Monday October 19, with the evidence of prosecution witness Mr Taiwo Ogundein, a relationship manager with the First Bank Plc.
Testifying before Justice Chukwujekwu Aneke of a Federal High Court sitting in Lagos Nigeria, Taiwo Ogundein stated how various sums of monies were deposited in tranches into the account of one company known as Still Earth Ltd.
Led in evidence by the prosecutor, Mr Rotimi Jacobs (SAN), the witness who introduced himself as a relationship manager with First Bank, told the court that Still Earth is an existing account with First bank assigned to him for relationship management.
The witness stated that he was invited by the Economic And Financial Crimes Commission (EFCC) in 2015 through his bank in respect of Still Earth Ltd, adding that he was instructed to come along with its account opening package and statement of account.
According to the witness, he was asked several questions at the Commission, and he had answered same with supporting document.
The prosecutor then tendered before the court a First Bank letter to the Commission which the court admitted and marked as exhibit F4.
When asked by the prosecutor to explain specific contents of the document , the witness described page one as being the signature mandate and account statement of Still Earth , while next page was a certificate of identification confirming the statement.
Giving evidence from page 14 of the document, the witness told the court that on November 12, 2014 Still Earth gave various deposit instructions into its account totalling N34.8 million and made in four tranches.
He also said that on January 29 and 30, 2015, the account received inflows of N40million and N39.5 million , paid by Hoff Concepts Ltd and De Privateers Ltd respectively, while on January 30, there was an outflow from Still Earth of N70.7 million to another company Capital Field Investment and Trust Ltd.
Ogundein told the court that on same day, there was an outflow of N105.7 million and N35 million to same Capital Field Investment, as well as an inflow of N132 million from another company ,Samchase Ltd.
He further said that on February 11, 2015 there was an inflow of N200 million from De Privateer, while on May 13, 2016 there was an inflow of N47 million from same De Privateer.That was all for the witness from the prosecution
Under cross examination by defence counsel Messrs Ola Olanipekun (SAN) and Olalekan Ojo (SAN) the witness told the court that he was not aware of any record of transaction involving Fayose, adding that he could not see the name of Fayose or Spotless Ltd from exhbit F4
He confirmed that any banking procedure or transaction whether payment or deposit, must be backed by document.
When asked whether the bank considered any of the transactions in exhbit F4 to be illegal or suspicious, the witness replied that he was not in a position to speak for the bank
He, however, said that the bank complied with instructions of its customers, adding that any suspicious transaction will not be treated by the bank.After the cross examination by the defence, Justice Aneke discharged the witness from the witness box and said that the trial continues on October 20 as had earlier been fixed.
In the charge against Fayose, he was alleged to have procured the companies Still Earth Ltd and De Privateer Ltd, to retain in their account the aggregate sums of N851 million
Fayose is being prosecuted by the Economic and Financial Crimes Ccommission (EFCC) over N6.9billion fraud and money laundering charges.
He was first arraigned on October 22, 2018, before Justice Mojisola Olatotegun, 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.
The defendant was subsequently, re-arraigned before Justice Chukwujekwu Aneke, on July 2, 2019, following the withdrawal of the case from Justice Olatoregun on account of EFCC’s petition.
He had also maintained his not guilty stance 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.
During Fayose’s trial before Olatoregun, prosecution had called witnesses, from several commercial banks, as well as a former Minister of State for Defence, Sen. Musiliu 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
