N1.8B Fraud: Ex- Skye Bank Staff Gives Evidence In Fayose Trial

* Fmr. Ekiti Governor, Ayo Fayose * Pix source: Sahara Reporters



By Gbenga Ogunbufunmi

The fifth prosecution witness in the trial of former Ekiti State Governor, Mr Ayodele Fayose today told a Federal High Court sitting in Lagos, that he was informed about two years ago, that his late Special Assistant (SA) Justin Erukaa, died in an accident.

The witness, Senator Musiliu Obanikoro gave the evidence in continuation of his cross examination by counsel to the second defendant, Mr Olalekan Ojo (SAN), at the ongoing trial of the immediate past Governor of Ekiti State, Ayodele Fayose.

Fayose was arraigned by The Economic and Financial Crimes Commission (EFCC) in October 22, 2018, alongside a company Spotless Investment Limited, on 11 counts.

He, had pleaded not guilty to the charges, and was granted  bail by the court  in the sum of N50 million with one surety in like sum.

EFCC opened it  case for the prosecution on November 19, 2018 and called four witnesses.

On January 21, 2018 prosecution called its fifth witness, Senator Obanikoro, a former Minister of State for Defence.

At the last adjourned date on February 5, Obanikoro was still under cross examination by second defence counsel, (Ojo), who had sought to tender the extra judicial statement of Justin Erukaa, made to EFCC in the course of their investigation into the case

In reaction, the prosecutor, Mr Rotimi Jacobs (SAN) had objected to the admissibility of the said statement, on the grounds that counsel was seeking to tender the document from the Bar, with which he wants to contradict witness from the Bar.

Citing the provisions of section 232 and 233 of the Evidence Act, he argued that the approach was wrong.

Justice Mojisola Olatoregun had consequently, ordered counsel to address the court on the admissibility of such extra judicial statement made by a person interrogated during the course of investigation and who is not standing trial.

Parties addressed the court on February 7 after which the judge reserved ruling.

In her ruling delivered on Monday, (yesterday), the court admitted the extra judicial statement of the late Erukaa and marked same as exhibit J.

When the trial resumed on today second defence counsel Olalekan Ojo (SAN) continued with the cross examination of Obanikoro who has been in the witness box since January.

Ojo asked “Do you remember your statement on exhibit G2 made on October 8, 2018”

Obanikoro replied “i will have to see that to acknowledge”

After being showed the exhibit, Ojo asked: “In exhibit G2 you specifically stated that you were not privy to any discussion between the first defendant and the former NSA”

Obainokoro replied “That is correct”

Ojo: “I suggest that because you were not privy to any such conversation you can’t on your oath, tell the court any date or time of such alleged conversation, ”

The witness replied “correct ”

Ojo: “In the same exhibit G2 you categorically said that Justin Erukaa died after he had made exhibit J” the witness replied that’s correct.

Defence :”This Justin Eruka who was one of your Special Assistant, can you tell the court how you got to know about his death after making exhibit J”

Obanikoro :”He left Lagos a day before Sallah about two years ago, and the police called one of my SA that the owner of the phone just had an accident and died on the spot; and he immediately called me and informed me.

Ojo: “Do you remember on February 4, you told the court that you could not recall whether or not Justin Erukaa made any statement to the operatives of the EFCC, ”

Witness “Yes i said so”

Defence counsel then urged that exhibit J be showed to the witness and then he asked him, what is exhibit J and Obanikoro replied “It is a statement,”

Defence “Whose name appears as the maker or author of exhibit J”

Witness replied: “Justin Erukaa, ”

Defence:”Did you attend the burial of Justin Erukaa, ”

Witness :”I was there with my family, ”

Finally Ojo asked the witness if any document was provided to the EFCC operatives in the course of interrogation to back any of his statement before the court concerning the second defendant,

The witness replied No.

With this last question, Ojo informed the court that he had finished cross examination of Obanikoro.

The prosecution called its sixth witness, Mr Olugboyega Falae, a staff of Ecobank, who said he had worked in Skye bank, (now Polaris), as Head of Estate Support Department.

On what he knows about the property known as No. 44, plot 1241, Osun Crescent Maitama, Abuja, the witness told the court that one of the responsibility of his unit, was to dispose non-core assets of the bank, that are excess to requirements.

He said that the property was one of such assets, which was sold at the time, after acquiring requisite approvals .

He said that in the case of the said property, one Mrs Titiloye approached the bank with a N300 million offer for the property adding that there were discussions and exchange of letters between them, before the property was eventually sold for N200 million.

After the witness finished his evidence before the court, he was cross examined by defence counsel, but there was no re-examination from prosecution.

The court has adjourned until Wednesday (tommorow) for continuation of trial.

According to the charge, on June 17, 2014, Fayose and one 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 and which sum exceeded the amount allowed by law.

He was also alleged to have retained the sum of N300 million in his Zenith Bank account and took control of the aggregate sums of about N622 million which sum he ought to have known formed part of crime proceeds.

Fayose was alleged to have procured De Privateer Ltd and Still Earth Ltd, to retain in their Zenith and FCMB accounts, 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.

The accused 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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