The ongoing trial of former Ekiti State governor, Ayodele Fayose, continued on Friday with the testimony of Mr Abubakar Madaki, an investigative officer with the Economic and Financial Crimes Commission (EFCC)
Mr Abubakar Madaki, the 13th prosecution witness, was led in evidence before Justice Chukwujekwu Aneke by prosecution counsel, Mr Rotimi Jacobs (SAN)
The witness testified that he was with the EFCC during the investigation of the case between 2014 and 2015 as the Head of Economic Governance. He left the EFCC in 2020.
While testifying before the court, the witness stated that sometime in mid-2015, the Commission received an anonymous report on procurement of fire arms by the then National Security Adviser (NSA).
He said the report contained the names of many companies and individuals who obtained money from the NSA’s office without rendering any service.
The witness identified a firm, Silver Macnamara, as one of the companies that allegedly obtained over N4 billion
The companies and individuals, he added, were analysed and investigation was extended to banks, the Central Bank of Nigeria (CBN), Corporate Affairs Commission (CAC), BDCS and the other persons that had a relationship with the case.
Madaki said: “Responses were received and Silver Macnamara had an account with Diamond Bank. The statement of account received from Silver Macnamara was analysed and various withdrawals and deposits was analysed.
“We invited the owners of the companies and individuals that were involved.
“When the investigation was ongoing, an information was received that part of the funds received by Silver Macnamara was withdrawn and taken via aircraft to Akure. Since no particular airport was mentioned. I led a team to the local airport in Abuja to lodge the complaint but they said that no Plane flew.
“We continued to Lagos and discovered that Gyero Airline left for Akure on the 17th of June 2014.”
According to the witness, the office of the airline was traced and its officials confirmed that on that day, they moved some parcels by Diamond bank for former minister Senator Musiliu Obanikoro to Akure.
Madaki continued: “The officials of Diamond Bank were interviewed and they confirmed that the sum of over N1.2billion was withdrawn from the bank and taken to the Airport in Lagos where it was handed over to Obanikoro
“We proceeded to Akure. The airport authority confirmed that Obanikoro arrived at Akure Airport on that day with the aforementioned airline with a bullion van brought by Zenith Bank.
“The authority also confirmed that Obanikoro was with two other people.
“We proceeded to Zenith Bank where they confirmed that indeed that they had received over N1 billion cash from one Biodun Agbele and provided account of which the funds were distributed.
“Among the accounts provided included the personal account of the defendant Fayose, Spotless Investment Limited belonging to defendant and his family, the Privateer Limited belonging to Abiodun Agbele and Steel Health Limited. The balance of cash was taken to Ado-Ekiti which investigation revealed to be the house of the defendant, Ayodele Fayose.
“These funds came from NSA impress account which is under the control of NSA.”
According to Madaki, the mandate obtained from CBN revealed that the funds “were meant for the purchase of physical infrastructure equipment.”
He testified that further investigation was carried out on the NSA’s office to find out if there was any supporting documents with respect to payment of the funds.
“They replied that there was no other document other than an instruction to pay the funds,” he said.
The witness continued: “On the 4th of June 2014 Sliver Macnamara received the sum of N200 million in its Diamond Bank account which was tagged payment for physical security infrastructure.
“We investigated to know if there were any of such contracts that the company had carried out for office of NSA. There was nothing to show that any contact was executed for the payment.
“There was N2 billion that equally left NSA’s impress account, for security services. We investigated it to know who received the money and the security service he rendered.
“As at the time of the investigation, nobody was arrested but as the investigation progressed, the information revealed that Senator Musiliu Obanikoro used his company as a disguise to receive the funds which corroborated the banks’ stand that the funds were handed to Obanikoro.
“It was also confirmed that the parcels Diamond Bank handed over to Obanikoro was cash.
“It was also confirmed at Akure Airport that the parcels Obanikoro landed with via Gyero Airline was cash.”
According to him, further confirmation revealed that no contract was performed by any of the beneficiaries of the funds received from office of NSA including Silver Macnamara and the defendant.
Madaki said: “We invited Mr Abiodun Oshodi from Zenith Bank and he revealed that his regional manager from Ibadan, Lawrence Akande told him that Biodun Agbele would be bringing the funds in issue to the bank on behalf of Fayose.
“Akande was invited and he confirmed that the defendant Fayose contacted him that Agbele would bring money to him.
“Abiodun Agbele denied receiving any money from Obanikoro. He claimed that himself, Chairman of Zenith Bank Jim Ovia, and Managing Director (MD) of the bank, Mr Peter Bankole had agreed that the bank would fund the election of Fayose.
“And that from the day they met, he had been receiving money into the account of Privateers Limited, his company.
“Agbele said that the funds given to him was from Zenith Bank.”
But Fayose’s counsel, Mr. Olalekan Ojo (SAN) objected to the testimony about what Agbele purportedly said.
Ojo contended that the witness could not testify on hearsay or third party evidence.
But Justice Aneke overruled the objection and asked the witness to continue with his evidence.
The witness said: “Agbele stated that the funds given to him was from Zenith Bank.
“Officials of Zenith Bank were invited and interviewed but they all denied giving any money to Agbele of Privateers.
“As the investigation progressed, Senator Obanikoro surfaced and he confirmed that he just used the company to receive the funds, that the operator of the company was nowhere.
“Rather it was the agreement between the then NSA and Obanikoro that the funds would be passed to the defendant via Obanikoro.
“And even before the funds landed that the defendant had been calling him (Obanikoro) to know if the funds had arrived.
“He said in his statement that he inquired from the defendant where the money will be deposited.
“The defendant said that he should bring 1.2billion cash and the balance should be in dollars.
“That N1.2billion was carried to Akure and $4million and $1million in two tranches.
“These funds were not transferred in other to disguise which is a money laundering offence.”
Justice Aneke adjourned further hearing the 25th, 26th and 27th of October
Fayose and his firm Spotless Investment Limited are being prosecuted by the EFCC for allegedly laundering N6.9 billion.
He is being prosecuted by the Economic and Financial Crimes Commission (EFCC).
At the last adjourned date on June 6, the 12th prosecution witness, a former Minister of State for Defence, Sen. Musiliu Obanikoro, had concluded his evidence before the court.
The defendant was first arraigned on October 22. 2018, before Justice Mojisola Olatoregun. He was charged alongside his 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 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 millions.
During trial before Justice Olatoregun, the prosecution had also 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 State, 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
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