By Onyewuchi Ojinnaka
The trial of embattled immediate past governor of Ekiti State, Ayodele Fayose, commenced on Monday, October 21, before Justice Chukwujekwu Aneke of the Federal High Court Lagos Nigeria, with evidence from first prosecution witness Lawrence Akande from Zenith Bank Plc.
The witness on Monday told the court that his bank solicited patronage from Ex-Governor Fayose of Ekiti State.
Fayose is being prosecuted by the Economic and Financial Crimes Ccommission (EFCC) over N6.9billion money laundering charges.
He was first arraigned on October 22. 2018, before Justice Mojisola Olatoregun, alongside a company, Spotless Investment Ltd, on 11 counts bordering on 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.
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.
At the commencement of trial on Monday, Mr Adebisi Adeniyi announced appearance for the prosecution while Messrs Ola Olanipekun (SAN) and Olalekan Ojo (SAN) appeared for the first and second defendants respectively.
In his examination-in-chief, the witness introduced himself as a staff of Zenith Bank Plc, residing in Lekki.
He said that he was responsible for the supervision of 20 branches of the bank in the three states of Oyo, Ogun and Osun.
When asked where he was in 2014, he told the court that he was in Ibadan as Zonal Head of the bank, adding that he had held several positions with the bank.
He further told the court that in June 2014, he received a call from the first defendant informing him that there would be a business transaction in Akure.
He said that at that point, he called one Biodun Oshode who was based in Akure as Zonal head of the bank, to handle the transaction.
According to him, Fayose maintained three accounts with the bank namely Spotless Investment, De Privateer, and Fayose’s personal account domiciled in Apapa.
When asked if he recalled that the bank supplied any accounts to the EFCC in relation to the instant case,he replied No, adding that there is a department of the bank responsible for handling such matters.
Under cross examination, the witness told the court that his bank had solicited for patronage from the defendant.
Defence counsel (Olanipekun) had asked the witness if he met the defendant for the first time in the course of this transanction, and whether he had sought any patronage from him.
Witness replied that he did not just meet Fayose for the first time in the transaction.
He said:
“No, he has always been my Governor, and Yes as a good zonal head of my bank I solicited patronage from him,”
Defence asked : “At all times, you knew the defendant to be someone of high network through whom you get sufficient funds into your bank,?
The witness replied “Yes”
On what informed his opinion, the witness further replied ” A man of low means does not become the governor of a state so I should know.
He also told the court that he received a call from the defendant to pick up money from the Akure Airport, sometime in June 2014.
Under cross examination by second defence counsel (Ojo) the witness told the court that it was not posible for a non account holder of a bank. to issue payment instructions to the bank.
Ojo asked “Do you recall giving evidence in this charge before Justice Olatoregun, ” ? The witness replied Yes, confirmed.
Ojo then suggested to the witness that a depositor of funds cannot write “Self” in the column for depositor, where he is not the account holder.
The witness replied That’s correct.
Ojo also asked “So you have no direct knowledge of the transactions including lodgement, payments or deposits in relation to this account. “
The witness replied “Correct”
Ojo again asked: ” So all other things, were based on what you were told”
The witness replied Yes.
Trial will continue October 22 (tommorow)
It would recalled that during the pendency of the charge before Justice Olatoregun, EFCC had opened trial on November 19, 2018, and had called 13 witnesses out of its 15 listed witnesses.
However, the then Chief Judge of the Federal High Court, Hon Justice Adamu Abdu-kafarati had transferred the case from Olatoregun, to Aneke, following a petition by the EFCC.
During trial before Olatoregun prosecution had called witnesses, from several commercial banks, as well as a former Minister of State for Defence, Senator 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, Senator 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 contravenes 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.
