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Tag: Fayose’s trial

  • Fireworks in Fayose’s trial as judge, EFCC’s lawyer clash

    There were fireworks at the Federal High Court in Lagos yesterday as Justice Mojisola Olatoregun accused a prosecuting counsel Mr Rotimi Jacobs (SAN) of being “incompetent” and “extremely rude”.

    The judge accused Jacobs of engaging in jankara practice, but the Senior Advocate said he took “exception” to being described in such terms.

    He said it was the first time he would be so described by any judge in all his years of legal practice.

    The exchange occurred in the trial of former Ekiti State Governor Ayo Fayose.

    The Economic and Financial Crimes Commission (EFCC) accused Fayose of receiving and keeping N1.2billion and $5million allegedly stolen from the Office of National Security Adviser (ONSA) contrary to the Money Laundering Act. Fayose pleaded not guilty.

    The exchange occurred after the cross-examination of the 10th prosecution witness, Maroun Mechleb, who is the Chief Executive Officer of an Akure, Ondo State-based construction firm, Samchase Nigeria Limited.

    The witness testified that he handled several contracts for Ekiti State, which he said were facilitated by Fayose’s aide, Abiodun Agbele.

    He said there was a gentleman’s agreement that he would appreciate Agbele for every contract he facilitated.

    He said he gave Agbele N132.5million on one occasion as “appreciation” for an unspecified contract he facilitated.

    In one of the counts of the charge, EFCC alleged that Fayose acquired chalets 3 and 4, 6 and 9 on Plot 100 Tiamiyu Savage Street, Victoria Island, Lagos in the name of JJ Technical Services Ltd with N1,151,711,573.

    Mechleb told the court that he and his brothers, who testified earlier, also ran J.J Technical Services, but that the firm was unable to get a job from the state.

    The witness said he once lied to the EFCC about owning a property based on Agbele’s instructions in a bid to help “a friend”.

    His words: “Mr Agbele asked for a company we can use to get a job. I gave the name (J.J. Technical Services) to Abiodun Agbele to help get a job for the company.

    “Mr Agbele bought a property and put it in the company’s name. He gave me the documents of the property to sign. I cannot read English properly, but I just signed the documents,” Mechleb said.

    Jacobs asked him: “Did you know what the documents were about?”

    The witness said: “It was later that I got to know that the documents were about a property and I had to contact Mr Agbele.”

    On how he came to pay Agbele N132.5million, Mechleb said: “I had an agreement with Agbele that I would appreciate him. He gave me an account to send the money, which I have done.

    “He told me that I have one house, because I paid N132.5million to him. The truth is that the house does not belong to me but to Mr Agbele.

    “After I made the first statement at EFCC, my lawyer asked me to go back and say the truth.”

    Asked what he knew about Agbele, the witness said: “I know he was the one helping to facilitate the jobs. We agreed that when he gets the job for me, I will appreciate him.

    “We did not specify the amount, but it’s around 10 per cent.”

    Under cross-examination by defence counsel Mr Ola Olanipekun (SAN) (for Fayose) and Olalekan Ojo (SAN) (for Fayose’s co-accused Spotless Ltd), Mechleb said: “In making the first statement, I did not say the truth. I was trying to help my friend. I can lie to help a friend.

    “I later obeyed my conscience and went back to EFCC to say the truth.”

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    The witness said the contracts Agbele got for him were undocumented.

    “We were given about six or seven contracts by Ekiti State. The contracts Agbele got for me were not in writing. The description of what I was to do was given to me verbally.”

    He also said he never interacted directly with Fayose. “My interactions were with Mr Agbele, no more, no less,” he said.

    During cross-examination, Olanipekun tendered parts of Mechleb’s statements at EFCC.

    When Jacobs sought to tender the remaining part during his re-examination of the witness, Olanipekun and Ojo objected on the basis that Jacobs could not tender a statement at the re-examination stage.

    Justice Olatoregun upheld the objections, but added that Jacobs could “have another bite at the cherry” by tendering it later. She did not mark the document as rejected.

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    But the judge took offence when Jacobs made reference to a submission by Ojo during his objection.

    Justice Olatoregun said: “Mr Jacobs, you dare not! You are not competent to look into my ruling, to evaluate my ruling. You are totally incompetent, whether you are a Senior Advocate or not.”

    Jacobs said: “I was not referring to Your Lordship’s ruling.”

    Justice Olatoregun said: “You are going beyond your bounds. Do not let me trash your practice. Listen to me, if you re-evaluate my rulings in this court, you’ll get into trouble.

    “You can only go on appeal, Mr Jacobs. Your mode of advocacy, I do not understand it. It looks like what do they call it?… Jankara market practice.”

    Jacobs: “Thank you my Lord”.

    Judge: “You stand here to reevaluate my ruling; you are incompetent to do that. If you have any re-examination, you do that. If you do not have, call your next witness, or you take a date.”

    Jacobs: “I’m grateful to your Lordship. Thank you my Lord.”

    Judge: “You do not stand there with impetus and reevaluate my ruling. I have ruled, relying on two sections of the Evidence Act.

    “If you have an objection to that, you go on appeal. You have no competence, carrying your wig with arrogance, and we have a lot of young lawyers here. What are you teaching them?

    “You stand up to a judge and re-evaluate the ruling of a judge. It cannot happen in my court!

    “Re-examine your witness; if you are not re-examining him, then close your case.”

    Jacobs: “My Lord, I did not refer to Your Lordship’s ruling. I never said a word about Your Lordship’s ruling.”

    Judge: “I do not take tangential comments here. You are fond of doing that. You are an extremely rude senior advocate.

    “If you are a senior advocate, you are not older than me at the Bar and you are not older than me in age. In Yoruba land, we respect age. And in this job, we have what they call professional ethics and respect for each other.”

    Jacobs: “I have offered respect to My Lord.”

    Judge: “You have never offered it.”

    Jacobs: “For My Lord to say that I am jankara practice lawyer…”

    Judge: “Yes, I am saying it. When you finish here, you can write a petition to the NJC (National Judicial Council). I’m saying it, and I’m not going to withdraw it. I have said it. Go and do whatever you like

    “I have called you into chambers and I told you what you’re doing which is not right. You do not just ridicule yourself here, and you have not stopped.”

    Jacobs: “I’ve been in this job for a while. I have appeared before several judges, from the lower court to the Supreme Court. No judge has ever called me a jankara practitioner.”

    Judge: “I do not want to know. I do not want to know how many years…”

    Jacobs: “I never engaged in jankara practice, and I take exception to that word, jankara practice.”

    Judge: “Now, are you re-examining your witness?”

    Jacobs: “Yes, I am. But I take exception to that word, jankara practice. I take full exception to it.

    “I do my job according to my conscience; I will never pervert the course of justice; I will never call any witness to come here and lie against another person. I fear God. But for one to suppress truth, I will fight against it.”

    Two other Lebanese, Goshen Joseph and Joseph Mechleb, earlier testified that J.J. Technical Services had no jobs and never got any from Ekiti State.

    A lawyer, Mr Kennedy Osunwa, earlier testified that he was engaged to prepare a deed of assignment for a property on 100, Tiamiyu Savage, Victoria Island, Lagos.

    He said: “Sometime in 2014/2015, a company that I had retainership with as a tenant solicitor (Still Earth Ltd) called me and said they had acquired some properties lying at 100, Tiamiyu Savage, Victoria Island, and that they had concluded arrangement to sell some because they had a buyer.

    “The particulars of the buyer were given to me to prepare a deed of assignment. I was told that one Abiodun Agbele with a company, J. J Technical, were buying the property.”

    Justice Olatoregun adjourned until April 15 for continuation of trial.

  • Judge’s absence stalls Fayose’s trial

    The trial of former Ekiti State Governor Ayodele Fayose for money laundering was stalled yesterday at the Federal High Court in Lagos.

    A court registrar said the trial, billed to continue yesterday, would resume today instead.

    It was learnt that Justice Mojisola Olatoregun was away on another official assignment.

    The case was adjourned on Tuesday for continuation of former Minister of State for Defence, Senator Musiliu Obanikoro’s cross-examination.

    Defence lawyer Olalekan Ojo (SAN) had sought to tender a statement by Justin Erukaa at the Economic and Financial Crimes Commission (EFCC).

    EFCC lawyer Rotimi Jacobs (SAN) opposed the tendering of the statement on the ground that it was not made by Obanikoro, who was being cross-examined.

    He said Obankoro could not be questioned on it.

    But Ojo said he did not intend to cross-examine Obanikoro on the statement but that it was important to the defence.

    Justice Olatoregun directed the counsel to address her on the admissibility of a statement by a person interrogated in the course of an investigation but who is not giving evidence.

    She was to rule on the statement’s admissibility after being addressed by counsel, but her absence stalled it.

    Obanikoro had testified that he did not believe that the N4.6 billion sent to him from the Office of the National Security (ONSA) in 2014, out of which he gave Fayose N1.2 billion and $5 million, was an illicit fund.

    The former minister said he was worried that the money he received from former National Security Adviser (NSA) Col. Sambo Dasuki (retd) “for security purposes” was described as illicit.

    Obanikoro, the fifth prosecution witness, said: “It borders me as a person that clandestine operations of the NSA are described as illicit. It should worry every Nigerian. I am surprised that the current NSA can characterise the funds as illicit.”

    Fayose is on trial for allegedly receiving and keeping N1.2 billion and $5 million reportedly stolen from ONSA, contrary to the Money Laundering Act.

    He pleaded not guilty when he was arraigned on an 11-count charge last October 22.

    EFCC said Fayose and Biodun Agbele, who is facing a different charge, allegedly took possession of N1,219,000,000 on June 17, 2014 to fund the former governor’s 2014 campaign.

    The commission said Fayose “reasonably ought to have known” that the money “formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing”.

    EFCC said Fayose, on the same day, received cash payment of $5 million from Obanikoro without going through a financial institution, despite knowing that the sum exceeded the amount authorised by law.

    EFCC listed Obanikoro as one of 22 witnesses to testify in the trial.

  • Court resumes trial of Fayose Feb. 7

    A Federal High Court in Lagos on Wednesday fixed Feb. 7 for continuation of trial of the immediate past Governor of Ekiti, Mr Ayodele Fayose, over alleged N6.9 billion fraud.

    The case which was earlier fixed for today for continuation of cross-examination of the fifth prosecution witness, has been shifted to Thursday.

    On the next adjourned date, both the prosecutor, Mr Rotimi Jacobs (SAN), and the defence counsel, Mr Olalekan Ojo (SAN), will address the court on the admissibility of an extrajudicial statement made by a party who is not standing trial.

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

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

    EFCC had opened case for the prosecution on Nov. 19, 2018, and called four witnesses.

    On Jan. 21, the prosecution called its fifth witness, Sen. Musliu Obanikoro, a former Minister of State for Defence.

    At the last adjourned date on Feb. 5 (Tuesday), Obanikoro was still under cross examination by second defence counsel Ojo, who was expected to continue on the next date.

    According to the charge, on June 17, 2014, Fayose and 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.

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    Fayose was alleged to have received a cash payment of the sum of five million dollars, (about N1.8 billion) from Obanikoro, without going through any financial institution and which sum exceeded the amount allowed by law.

    He was also alleged to have retained 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 accused was alleged to have used the aggregate sum 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 contravened Sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d), and 18 (c) of the Money Laundering Prohibition Act 2011.

  • Fayose’s trial: we moved N1.2b cash in three planes, says witness

    A prosecution witness yesterday told the Federal High Court in Lagos how three aircraft flew N1.2billion from Lagos to Ekiti State for delivery to former Governor Ayo Fayose.

    Danmola Otuyena, a banker, was testifying in Fayose’s trial for allegedly receiving and keeping N1.2billion and $5million said to have been stolen from the Office of the National Security Adviser (ONSA), contrary to the Money Laundering Act.

    Otuyena, who headed his bank’s Cash in Transit Services Unit when the transaction occurred, said he accompanied the bullion van that took the cash to the airport.

    He was the fourth prosecution witness and was led in evidence by the Economic and Financial Crimes Commission (EFCC) lawyer, Mr Rotimi Jacobs (SAN).

    The witness gave evidence on the bank account of Sylvan Mcnamara Limited and how cash was withdrawn from it on the instructions of former Minister of Defence (State) Musiliu Obanikoro on June 16 and 17, 2014.

    The witness also revealed that although Obanikoro operated the account and was the known holder, he was not the official signatory to it nor was he a director to the company in whose name the account was opened.

    Otuyena said he got instructions from his boss to get the cash ready for movement to Ekiti.

    “My director gave further instructions that we should move the cash to the airport. We contacted the cash in transit company that renders bullion services – Bankers Warehouse Ltd – and the cash was moved to the private wing of Murtala Mohammed Airport.

    “We could not get access when we got there, so we waited outside. My director said someone would be there to attend to us.

    “He spoke to a certain Gbolahan Obanikoro through my phone. He helped to process a pass and we were able to enter the airport – the bullion van and myself.

    “Later, Musiliu Obanikoro came. My boss called me and spoke to him through my phone and said we should give him the cash. The cash was given to him.

    “We loaded the bags of cash into the aircraft. About two or three aircraft were used to load the cash.

    “My director, Premier Oyiwo, having identified Obanikoro, said I should release the cash to him. When we pay cash to beneficiaries, they sign off for collection. Obanikoro signed off for collection,” the witness said.

    Asked how the cash was packed, Otuyena said: “We have bags designed in a standard way in the banking industry. We used them to package the money. We call them jumbo bags. We used the biggest sizes to pack the money. We used jumbo bags for the N1.2billion.”

    Otuyena said he also got a call from his boss on June 17, 2014 to pay N200million to Malik Bauchi from the same account operated by Obanikoro.

    He said he was asked to waive the identification process.

    “But we contacted the account holder. Rather than pay Bauchi, the amount was paid to the account holder. We used Ghana Must Go bags for the N200million,” the witness said.

    Under cross examination by defence counsel Chief Kanu Agabi (SAN) and Mr Olalekan Ojo (SAN), the witness said there was an initial instruction that the N1.2billion be paid to six persons, but that they were not available to collect the cash before it was given to Obanikoro.

    He insisted that Obanikoro was the account holder and ran the company account even though his name was not stated in the account opening documents that he was the sole signatory.

    The witness read a board resolution appointing Olalekan Ogunseye as the sole signatory to the account.

    “I’ve not come across any other resolution appointing another signatory to the account or Obanikoro as the signatory,” he said.

    Ojo asked the witness if there was evidence that Obanikoro personally withdrew the cash from the bank in view of the fact that there was no instruction to that effect in his name.

    The witness said: “The narration we have in the bank statement is fund transfer. There was no entry that Obanikoro received the N1.2billion.”

    On why that is so, the witness explained: “The instruction to release the cash first went to the Treasury Department, which debited Sylvan Mcnamara’s account and moved the cash to a transit account. So the entry is a default narration for the debit.”

    The witness said Obanikoro was not a director to the company, and that he did not know what happened to the cash after he handed it over to the former minister.

    Three other witnesses testified earlier for the prosecution: Zonal Heads, Southwest 1 and 2 of a new generation bank, Lawrance Akande and Abiodun Oshodi, and the Head of Financial Operations of another new generation bank, Olaitan Fajuyitan.

    Akande said he was informed that money would be brought from the Akure airport to be paid into the accounts of Spotless Nigeria Limited (Fayose’s company and co-accused) and De Privateer Limited.

    He said Fayose’s associate Abiodun Agbele called him in June 2014, saying he had a lodgment of N1.2billion to make. He said he also got a call from Fayose to that effect.

    Akande said he asked Oshodi to follow the transaction, adding that they had solicited for deposits from Fayose.

    “I had no reason to regard the funds as proceeds of crime. I didn’t observe any anomalies in the operation of the accounts,” he said under cross examination.

    Oshodi testified that he got a bullion van that took the money from Akure airport to the bank for lodgment.

    “Biodun Agbele came with a security escort, including police and soldiers, and we went to the Akure airport with the branch manager and the bullion van.

    “We moved the bullion van close to the plane, and then evacuated the cash. The former minister was there also.

    “Agbele supplied the accounts where the money would be lodged – De Privateer, Spotless and the personal account of Fayose,” he said.

    The witness also narrated how the cash was deposited. For instance, he said a driver, Taofik, came to the bank 21 times to make some cash deposits in one day.

    He said Taofik deposited N9.9million 10 times, N9.5million 10 times, and N5.5million once. Other deposits were also made at various dates, he said.

    “Taofik happens to be the driver of Abiodun Agbele. The teller was filled by our former cash officer. Taofik couldn’t write,” he said.

    Oshodi testified that the deposits were normal, and that he associated with Agbele because he considered him a man of good character.

    “I didn’t know the source of the money. I was glad to receive the money. Until I was called by the EFCC, I didn’t find any anomaly with the money,” he said under cross examination.

    Oshodi said Fayose also did not personally visit the bank to make any lodgments.

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    Fajuyitan said he received instruction to make the N1.2billion available, as well as the N200million, which he moved into a transit account

    He said since the money came from the ONSA account with the Central Bank of Nigeria (CBN), it must be legitimate.

    “My bank will not knowingly receive proceeds of crime. The bank does not regard the money as proceed of crime,” the witness said.

    Fayose had pleaded not guilty when he was arraigned on an 11-count charge.

    He was charged with his company, Spotless Limited.

    EFCC said Fayose and Agbele, who is facing a different charge, allegedly took possession of N1, 219, 000, 000 on June 17, 2014 to fund the former governor’s 2014 gubernatorial campaign.

    The commission said Fayose “reasonably ought to have known” that the money “formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing.”

    The alleged offence is contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) and (4).

    EFCC said Fayose, on the same day, received cash payment of $5million from Obanikoro, without going through a financial institution, the sum having exceeded the amount authorised by law.

    The alleged offence, EFCC said, contravenes Sections 1 and 16 (d) of the Money Laundering (Prohibition) Act 2011.

    The commission said Fayose benefitted from N4.65billion slush funds allocated by the ONSA under Col. Sambo Dasuki (rtd) during the Goodluck Jonathan administration.

    EFCC listed Obanikoro as one of 22 witnesses who will testify in the trial.

    Justice Mojisola Olatoregun adjourned until January 21 and 28 for continuation of trial.

  • Protesters storm EFCC, demand Fayose’s trial over $2.1b arms scandal

    Protesters storm EFCC, demand Fayose’s trial over $2.1b arms scandal

    Scores of protesters under the aegis of “Patriotic Mothers Without Borders”, yesterday stormed the Abuja headquarters of the Economic and Financial Crimes Commission(EFCC) , demanding the “arrest, investigation and prosecution” of Governor Ayo Fayose of Ekiti State over his involvement in the alleged $2.1 billion arms deal scandal.

    Chanting “Fayose must go”, the women numbering about 300 carried placards and banners with inscriptions like “EFCC must prosecute Fayose”; “Corruption is Corruption”;”Fayose is being tormented by the blood of innocent Nigerians slaughtered by Boko Haram”.

    The convener of the group, Nnenna Jideofor, accused Fayose of stealing part of funds meant to equip the military in the fight against terrorism.

    While presenting its petition to Umar Mohammed, Deputy Director Operations, Abuja, Jideofor expressed discontent at the ruling of Justice Taiwo Taiwo of the Federal High Court, Ekiti, ordering the EFCC to de-freeze Fayose’s Zenith Bank account, which the EFCC had earlier frozen.

    She said: “The gravity of the crime does not permit that we wait indefinitely for Fayose to leave office; he would have finished spending his share of the loot by then, and he has all the time to destroy evidence.

    “As mothers, we beg the EFCC to as a matter of urgency, investigate how much Fayose gave lawmakers of Ekiti State House of Assembly who we believe have lost their souls to an overlord.

    “We therefore represent Nigerians whose opinions get in our homes on daily basis in our natural capacity as mothers. The reality is that people are unanimous in desiring that the anti-graft agencies must not lose the anti-graft war. This is why there are deep running concerns in the land that the Economic and financial Crimes Commission (EFCC) has been caged but we do not want to believe this. We do not want to accept that the EFCC is merely making show of fighting corruption.

    “Several developments contributed to the spread of this impression among Nigerians but our strong belief is that EFCC’s inability to do anything about the Ekiti State Governor, Ayo Fayose, publicly known beyond every shadow of doubt to have been a key suspect in the theft of money meant for purchasing weapons to fight Boko Haram terrorists, is the leading cause.

    “The Ekiti State governor and his accomplices have blood on their hands in addition to stealing public funds. They took part in stealing the money meant for buying arms to fight Boko Haram.

    “The crippling of the military’s fighting capabilities as a result of this has made some women widows and children orphaned.

    “What Nigerians are saying is that the EFCC can lose its cases against others that took part in the theft if the arms money simply on account that Fayose is being treated as one who is above the law thereby providing his collaborator with the excuse that the Ekiti state governor cannot be walking free as a direct beneficiary while they get punished as partakers.

    “His collaborators, former Minister of State for Defence, Musiliu Obanikoro, Senator Iyiola Omisore, and others have returned some money. The gravity of this crime does not permit that we wait indefinitely for Fayose to leave office.

    “He would have finished spending his share of the loot by then. Besides, this implies the EFCC would not have any exhibit on him again – he had all the time to destroy evidence and clean his track while terrorists continue to kill Nigerians because of his action.

    “The Ekiti State governor has now added criminality to brigandage as he diverting the state’s money to questionable NGOs and other shady groups to organize protests that favour his agenda in other states. “This is not just unacceptable and immoral but also criminal as has no right to disburse his state’s money to his cronies under the guise of NGOs or CSOs. Our belief is that more of this will happen if the EFCC does not immediately step in to put an end to this infraction.

    “Sometimes last year, the EFCC did the right thing when it froze Fayose’s account with Zenith Bank even though some court ruling later unfroze the account.

    “The EFCC must again help Nigerians to test the law by immediately whisking Fayose before competent court after his arrest for being part of those that instigated the arms purchase scandal.

    “ We do not see how the immunity granted him by the constitution was meant to protect governors from criminal liability especially where the case of theft is involved.

    Responding, Mohammed assured the “mothers with borders” that the agency “takes all petitions seriously, and that of the women would be given adequate attention.

    “We are not selective in our operations, and every petition received is thoroughly investigated, no matter how highly placed the person is.”

    About N1.299 billion of the sum was allegedly flown in a chartered aircraft to Fayose by a former Minister of State for Defence, Mr. Musiliu Obanikoro.

    The cash was part of about N4.745billion paid into Obanikoro’s company, Sylva Mcnamara by the Office of the National Security Adviser (ONSA) for Ekiti governorship poll in 2014.

    The slush funds had been traced by EFCC to Obanikoro, Fayose, three firms and a former Deputy Governor of Osun State, Otunba Iyiola Omisore.