By Jude-Ken Ojinnaka
The Economic and Financial Crimes Commission (EFCC) 12th prosecution witness (PW12) Senator Musiliu Obanikoro on Tuesday told a Federal High Court sitting in Lagos that he did not have any document authorising him to control or manage the account of Sylva McNamara Limited.
He further told the court that he has no document to show that he withdrew the sum of N1.2 billion, which he allegedly gave the former governor of Ekiti State, Ayodele Fayose.
Senator Obanikoro a former Minister of State for Defence was responding to the cross-examination by Olalekan Ojo, counsel to the second defendant Spotless Investment Limited in the trial of former governor of Ekiti State Ayodele Fayose before Justice Chukwujekwu Aneke.
The witness said this during the ongoing trial of former governor of Ekiti State, Mr Ayodele Fayose, and his company, Spotless Investment Limited, charged by the Economic and Financial Crimes Commission, (EFCC) over alleged N6.9 billion fraud and money laundering.
The former minister, had in his previous testimony before the court stated that a sum of N1.2 billion was deposited into the account of a company, Sylva McNamara which was used to fund clandestine security operations aimed at preventing terrorists’ activities in Lagos State in two batches.
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When the matter was called for continuation of trial, Rotimi Jacobs (SAN) announced an appearance for prosecution, Ola Olanipeku (SAN) announced an appearance for the first defendant Ayodele Fayose while Olalekan Ojo (SAN) announced an appearance for the second defendant Spotless Investment Limited.
During the cross-examination, counsel to 2nd defendant, Mr Olalekan Ojo (SAN) asked the witness Senator Musiliu Obanikoro to recall his various visits to the EFCC and tell the court if he produced to the Commission any document showing the withdrawal of N1.2 billion which he allegedly gave to the first defendant.
The witness said ‘no: and that he did not produce any such document to the Commission.
Obanikoro told the court that during his several visits to the EFCC, he never showed EFCC operatives any document showing that he gave instruction or withdrew the sum of N1.2 billion from the Diamond bank account of Sylva McNamara Limited.
He also told the court that the former National Security Adviser, Col.Sambo Dasuki (Rtd) had no interaction with the first defendant or Diamond bank in respect of the N1.2 billion withdrawn from the account of Sylva McNamara Limited.
When reminded that in his earlier evidence, he stated that he took over the control and management of Sylva McNamara account in Diamond Bank, the witness answered in the affirmative.
Ojo: Did you produce any resolution of the Board of Directors of Sylva McNamara authorising you to control the management of the account of the company?
Witness: No I didn’t produce any Board resolution or letter to the EFCC. Also, there was no letter from Sylva McNamara to then Diamond Bank, telling the bank that I was asked to control and manage the account.
The witness told the court that he was partially part of those that founded Sylva McNamara and not the sole owner.
The witness said that during his interrogation at the EFCC, he did not produce any minutes of BoD or any minutes of Sylva McNamara showing his participation.
Obanikoro told the court that the former National Security Adviser Col.Sambo Dasuki (rtd) did not have any interaction with the bank or first defendant in respect of the account.
He further told the court that he did not tell EFCC that the NSA had any conversation with the defendant.
Obanikoro who told the court that after various investigations, the EFCC exonerated him of any wrongdoing, added he was made under duress to refund between N100 million and N200 million to the Federal government.
He also told the court that he had instructed his lawyers, to write the EFCC for the return of the money he allegedly refunded under duress.
Asked if he has a receipt of the $4 billion he allegedly gave to the former governor of Ekiti State, Ayodele Fayose, Obanikoro said “in our line of business it’s not customary to ask for receipt or acknowledgement of such money. So, there was no confirmation of the money”.
Referring to his earlier evidence that a huge sum of money was raised for the PDP campaign in the country, he confirmed it but could not say the exact sum raised.
When pressed further to mention the amount, Obanikoro said about over one billion was meant for use of the first defendant campaign.
Justice Aneke adjourned the matter till May 6, 9, and June 6, 8, 2023 respectively for the continuation of trial.