By Onyewuchi Ojinnaka
The trial of immediate past governor of Ekiti State, Ayodele Fayose continued on Monday before Justice Mojisola Olatoregun of a Lagos High Court Ikoyi Lagos Nigeria with the cross examination of fifth prosecution witness, Senator Musliu Obanikoro who told the court that it was painful for him to give evidence against Fayose.
Obanikoro, a fomer Minister of State for Defence and fifth prosecution witness began his evidence on January 21. After his evidence-in-chief led by the prosecutor for the Economic and Financial Crimes Commission (EFCC) Rotimi Jacobs (SAN), the court adjourned to February 4, 2019 for cross examination by the defence team.
Fayose was docked by the EFCC on October 22, 2018, alongside his company, Spotless Investment Ltd, on 11 counts charge involving alleged N6.9 billion fraud.
He had pleaded not guilty to the charges, and the court granted him bail in the sum of N50million with one surety in like sum.
The EFCC opened trial for the prosecution on November 19, 2018, and has so far called five witnesses.
At the resumed trial on Monday, Mr Rotimi Jacobs (SAN) appeared for the EFCC, while Messrs Kanu Agabi (SAN) and Olalekan Ojo (SAN) represented the first and second defendants respectively.
As Obanikoro entered the witness box, he was reminded of still being on oath, and Kanu Agabi was the first defence counsel to cross examine the witness.
Agabi asked: “You were in custody when you made your first statement to the EFCC .”
The witness replied “that is correct”
Agabi: “A long time lapsed between when you were invited and when you finally came”.
The witness replied “that is correct”
Defence counsel asked the witness “You were yourself a suspect and were being investigated when you made your statement to the EFCC?
“The witness replied, “Yes”.
Agabi further asked Obanikoro, “You made your statement in defence of yourself, ” and the witness answered “I gave evidence of what transpired, I was stating the truth and nothing but the truth”.
Defence: “Since you admit you were being investigated, then for what offence and how long were you kept in custody?
“Witness:” About funds disbursed through the office of the National Security Adviser ,and I was in custody for 21 days”
When the defence asked how many statement he made during the period of his custody, the witness replied that he could not recall exactly but that he made several statements .
Defence: “Did your investigation result in confiscation of your property,” witness replied “No”
Defence : “So, newspaper publications that some of your properties were confiscated were wrong?
Witness: “They were trying to sell their papers.Agabi also asked the witness that from exhibit G which is his statement, he did not say that the accused requested him to contact the NSA, and the witness replied “that’s correct”.
Defence :”You also said that the sum of N1.3 billion was brought in bullion van by Diamond Bank on the instruction of the NSA”The witness replied “Yes”
Defence : Your statement exhibit G, was made in answer to a petition against you by the NSA, which complained that a company Silver Macnamara, collected funds for which no contract was executed?
“Witness replied “That’s correct “
Defence :”Did you say it was the NSA that requested you to furnish that account, ” the witness replied “Yes”
Defence “If that was the case, why will the NSA turn around to petition you, “To this, the witness replied “It was the current NSA that petitioned me not the former.”
Defence: “The request of the former NSA for you to furnish an account, was it made orally or in writing”The witness replied “Orally”
Defence then asked the witness if he knows one Gbolahan Obanikoro and the witness replied “Yes, he is my son”
Defence: “How old is he”Witness “33 years old”
Defence asked: ” Are you aware he made a payment of N20,000 into the account of Silver Macnamara” The witness replied Yes, in 2012.
Defence :”Look at other disbursement and tell the court if some of them are from members of your family,” The witness replied “I can only see my name”
Defence:”What was the balance in that account before June 5, 2014 when the sum of N200million was paid.The witness replied N74,000Agabi then submitted, I put it to you that you were the owner of the funds in the account ” and the witness replied “That’s not true, that’s not correct”After Agabi’s cross examination, the second defence counsel Olalekan Ojo took his turn.
Under cross examination by Ojo, Obanikoro told the court that the funds in the account of silver Macnamara was kept in the bank and not in his custody.
Defence: “I suggest to you that you agreed to return the sum of N200 million to the government of Nigeria. Witness replied “you are very wrong”.
Defence : “As at the time of this your statement exhibit G, the sum of N200 million had been disbursed from the account based on your instructions to the bank”.
Witness: ” It was disbursed not once and not twice on my instruction,”
Defence: ” you agreed to refund the N200 million because you ought not to have spent the money the way you did”,
The witness replied “That’s not correct, it is because it was intended to secure Lagos.
Defence: “So you agreed to return N200million spent to secure Lagos?” witness replied “It was a reluctant agreement”.
Defence : “In your statement of October 19, 2016, you did not indicate the purpose of the N200 million you agreed to refund and did not say it was meant to be spent for security matter,”Witness: “I said so”
Defence: “Were you satisfied with the content of your statement to the EFCC before signing it, “Witness: “Yes and No”
Defence then put it to the witness that he didn’t mention in his statement that the accused requested to know from him if there was any message from the then NSA and the witness replied “Yes”.
Defence: “Did you give the EFCC any telephone number with which you had any discussion with the accused” the witness replied “No”On the number of days he spent in Ado-Ekiti, and what he was doing there for the period, the witness replied that he could not recall the number of days spent, but that he was in Ado-Ekiti pursuant to Fayose’s gubernatorial ambition.
Defence ” I suggest to you that your are giving evidence here reluctantly,”The witness replied: “It is even painful for me to give this evidence, I must admit that. It is really very painful for me to give evidence against him. There is no doubt about that”.
Defence asked: “Can you recall that June 21, 2014 gubernatorial election was held in Ekiti, Witness: “I can’t recall the date”.
Defence “So are you telling the court that you spent about five days in Ekiti in June 2014?” Witness replied ” Most likely”After prolonged cross examination by the defence counsel, the court adjourned until February 5 (tommorow) for continuation of trial.