The trial of the immediate past
Governor of Ekiti State, Ayodele Fayose, resumed on Monday before a Federal
High Court, Lagos, with a prosecution witness, Sen. Musiliu Obanikoro,
admitting he was a suspect and investigated.
Obanikoro, a former Minister of
State for Defence, was cross-examined by defence counsel, Chief Kanu Agabi
(SAN).
Fayose was arraigned by the
Economic and Financial Crimes Commission (EFCC) on Oct. 22, 2018, alongside his
company, Spotless Investment Ltd. on an 11-count charge bordering on N6.9 billion
fraud.
He pleaded not guilty to the
charge, and was granted bail in the sum of N50 million with one surety in like
sum.
The EFCC opened its case on Nov.
19, 2018, and has so far called five witnesses.
Obanikoro, the fifth prosecution
witness began evidence on Jan. 21, saying that Fayose received five million
dollars and some amounts of naira from the impress account of a former National
Security Adviser (NSA), Col. Sambo Dasuki, in June 2014.
The court adjourned until Monday
for his cross examination.
Mr Rotimi Jacobs (SAN) appeared
for the EFCC on Monday while Agabi and Olalekan Ojo (SAN) represented Obanikoro
and Spotless Investment, respectively.
On cross-examination by Agabi,
Obanikoro admitted that there was a long time between when he was invited for
evidence and when he finally came.
He also admitted that he was a
suspect and investigated when he made a statement to the EFCC.
When told that he made the
statement in self-defence, he said: “I gave evidence of what transpired; I was
stating the truth and nothing but the truth.”
He testified that he was
investigated about funds disbursed through the Office of the National Security
Adviser.
“I was in custody for 21 days.”
When asked how many statement he
made when in custody, the witness replied that he made several statements but
could not remember how many.
He told the court that his
investigation did not result in confiscation of his property.
When told that, from his
statement, he did not say that the accused requested him to contact the NSA, he
said: “That is correct.”
He admitted that N1.3 billion was
brought in bullion van by Diamond Bank on the instruction of the NSA.
Obanikoro testified that his
statement -exhibit G – was made in answer to a petition against him by the NSA,
complaining that a company, Silver Macnamara, collected funds for which no
contract was executed.
The witness said that the former
NSA orally requested him to furnish that account.
“If that was the case, why would
the NSA turn around to petition you, ” Agabi asked.
Obanikoro told the court that it
was not Dasuki but the current NSA who petitioned him.
He told the court that he was
aware that his son, Gbolahan aged, 33, paid N20,000 into the account of Silver
macnamara in 2012.
“Look at other disbursement and
tell the court if some of them are from members of your family,” Agabi told the
witness, who replied that he could only his name.
Obanikoro testified that N74,000
was the balance in that account before June 5, 2014 when N200 million was paid
into it.
“I put it to you that you were
the owner of the funds in the account, Agabi said, but the witness replied:
“That’s not true, that’s not correct.”
Under cross-examination by Ojo,
Obanikoro told the court that the money in the account of silver Macnamara was
kept in the bank and not in his custody.
You agreed to return the sum of
N200 million to the government of Nigeria,” Ojo told the witness, who replied:
You are very wrong.”
” As at the time of your
statement, exhibit G, the sum of N200 million had been disbursed from the
account based on your instructions to the bank,” Ojo added, with Obanikoro
replying: “It was disbursed not once and not twice on my instruction.”
Ojo told him that he agreed to
refund the N200 million because he ought not to have spent the money the way he
did, but the witness replied: ” That’s not correct; it is because it was
intended to secure Lagos.”
“So you agreed to return N200
million spent to secure Lagos?” Ojo asked but Obanikoro said: “It was a
reluctant agreement.”
He testified that he indicated in
his statement of Oct. 19, 2016, the purpose of the N200 million he agreed to
refund and indicated what it was meant for.
When asked whether he was
satisfied with the content of his statement to the EFCC before signing it, he
said: “Yes and no.”
Ojo told the witness that he did
not mention in his statement that Fayose requested to know from him if there
was any message from Dasuki, and he said: “Yes.”
The witness said that he did not
give the EFCC any telephone number with which he had any discussion with
Fayose.
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 said he was in the state
capital to pursue Fayose’s gubernatorial ambition.
” I suggest to you that you are
giving evidence here reluctantly,” Ojo said, and the witness replied: “It is
even painful for me to give this evidence; I must admit that.
“Can you recall that on June 21,
2014, gubernatorial election was held in Ekiti, Ojo asked but the witnes said:
“I can’t recall the date.”
The trial will continue on
Tuesday.
Justice Mojisola Olatoregun
handling the trial, had earlier risen shortly after the court began sitting
over the case.
She attended an official function
and returned an hour later.
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