By Jude-Ken Ojinnaka
A former Minister of State for Defence Sen. Musiliu Obanikoro, on Tuesday, told a Federal High Court sitting in Lagos that he has no documentary evidence showing that he gave money to former Governor of Ekiti State, Ayodele Fayose.
Obanikoro, is the 12th witness for the prosecution, the Economic and Financial Crimes Commission (EFCC) in the trial of Fayose who is charged with the allegation of money laundering.
Obanikoro began his evidence on January 31, and concluded same on Tuesday, after cross-examination by the defence.
Under cross-examination, the second defence counsel, Mr Olalekan Ojo (SAN), asked the witness if, in his earlier evidence, he had testified that one of his aides brought the dollar content of funds to him in Ado Ekiti around 2018.
In reply the witness said “That is correct” and further told the court that the name of his aide who brought the money was Justin Eruka (now late).
When asked how he knew the aide was dead, the witness told the court that the deceased died in a terrible accident at the time.
On whether he is aware that the late Eruka was invited by the EFCC and had also volunteered a statement to the commission, the witness said “Correct”
When asked at what point he was able to sight a copy of the statement of Eruka, he replied that it was the defence counsel who showed it to him in court.
Upon sighting the statement of the late Eruka, the defence counsel then asked the witness what his reaction was to the content which states that the late aide was not in Ekiti on the date alleged.
In response, the witness told the court that quite a number of things happened around that time, which may have affected his memory or ability to recall them vividly.
The witness was later shown the statement of the late Eruka, which he identified.
The document was consequently tendered and since there was no objection by the prosecution, the court admitted it as exhibit G.
Reading through a portion of the statement of the deceased, the witness read out before the court, that the late aide had on June 18, 2014, received the sum of 1.6 million dollars from one Alhaji Adamu which he delivered to him (Obanikoro) at his residence same day.
Furthermore, responding to a question from the defence as to whether Ado Ekiti was ever his place of residence, the witness responded “No sir” but confirmed that Lagos and Abuja were his places of abode at the time
On whether he had shown to the EFCC any document or receipt evidencing that he collected money from the BDC which he claimed had transferred the money, he replied “Not at all”
When asked if he recalled in his evidence that he had said the sum of N1.3 billion was released through a bullion van by Diamond Bank on the instructions of the National Security Adviser, Obanikoro said: “Did I say that? I did not say that”
The witness was then given his witness statement to read but he noted that the portion reflecting the said N1.3 billion was wrong, adding that the NSA couldn’t have given the instruction.
The defence then tendered the document before the court which was admitted and marked exhibit G1.
Going forward, the defence counsel asked the witness “I want you to confirm that apart from your assertion in the witness box you have no documentary proof to show that you gave money to the first defendant.”
In response Obanikoro said “Correct “
Ojo further asked the witness to confirm that he did not show any documentary evidence to the EFCC indicating that he gave instructions to Diamond Bank in respect of the company Sivan Mcnamara.
Obanikoro again replied “No document”
On his part, the first defence counsel Mr Ola Olanipekun (SAN) adopted all questions posed by the second defence counsel as his questions.
In addition, he asked the witness if he knew the purpose of the NSA impress account and the witness replied “I don’t know”
When asked who was the NSA at the time of this event, Obanikoro replied Sambo Dasuki
On whether he can confirm to the court if Dasuki was ever convicted for stealing the funds or being proceeds of illicit dealings, Obanikoro replied: “Not to my knowledge and if I may add, Sambo Dasuki is an honourable man.”
During the re-examination of the witness by the prosecutor, Mr Rotimi Jacobs (SAN) asked the witness to further clear the air as to the receipt of money from the late aide
Although the defence had objected to the question, but after the court asked that the witness be allowed to answer the question, Obanikoro insisted that since it was a long time ago, he could not properly recall.
He however added “Eruka said that he gave me the money in Abuja but my recollection is that he brought it to Ado Ekiti.”
After his evidence, the court discharged Obanikoro from the witness box
Meanwhile, first defence counsel also moved an application for medical travel for Fayose which the court granted.
The court then adjourned the case until July 13 and 14 for continuation of trial.
Fayose was first arraigned on October 22. 2018, before Justice Mojisola Olatoregun, 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, however, 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.
In December 2021 EFCC had called its 11th witness, one Mrs Joanne Tolulope, who had narrated how Abiodun Agbele, an associate of Fayose, bought properties worth several million.
During the trial before Justice Olatoregun. the prosecution had called witnesses from several commercial banks, as well as 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 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