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Fayose’s N6.9bn trial: President, NSA, can spend money the way they see fit – EFCC’s witness

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By Onyewuchi Ojinnaka

A retired Permanent Secretary, (Special Services) in the Office of the Secretary to the Government of the Federation, Ibrahim Mahe has told a Federal High Court sitting in Lagos that the sum of N2 billion disbursed into the account of Sylvan Mcnamara Ltd with Diamond Bank, was for security purposes.

He said that the President and the National Security Adviser (NSA) decide on how money disbursed for security purposes are spent.

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Mahe, who is the 16th EFCC Prosecution Witness in the money laundering trial of ex- Governor of Ekiti State, Ayodele Fayose, told the court that the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), and himself jointly signed the mandate for disbursement of the money into Sylvan Mcnamara Ltd account with Diamond Bank.

Fayose is being prosecuted by EFCC over alleged N6.9 billion fraud and money laundering charges.

During the continuation of trial on Friday, the witness (Ibrahim Mahe) told the court that before any mandate is generated, the National Security Adviser (NSA) must give instruction to that effect, adding that when the mandate is raised, it is taken to the NSA for his signature.

Led in evidence by EFCC prosecutor, Mr. Rotimi Jacobs (SAN), the witness told the court that he retired as Permanent Secretary in the Office of the Secretary to the Government of the Federation, and after his retirement, involved himself in small scale farming.

He told the court that as a Permanent Secretary, he reports to the Secretary to the Government of the Federation and the National Security Adviser (NSA) respectively.

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According to him, his office also has the responsibility of liaising with all intelligence agencies, namely, National Security Adviser, Department of State Security (DSS), and the National Intelligence Agency (NIA).

The witness further told the court that his department also serves as secretariat for 3 standing committees in the office of the National Security Adviser.

Under cross-examination by counsel to the defendants, Mr. Olalekan Ojo (SAN), and Mr. Uchenna Njoku (SAN), the witness stated that the office of the National Security Adviser is a political office, stressing that the NSA is responsible to the President.

He also stated that the money disbursed into the account of Sylvan Mcnamara Ltd went through due process, adding that it is the prerogative of the President and the NSA to decide how the money disbursed for security purposes are spent.

The witness told the court that he retired on October 22, 2014, and that he did not receive any query as at the time he was in office as Permanent Secretary.

Justice Aneke has adjourned further hearing in the matter till November 29, 2024.

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.

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