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Tag: Olalekan Ojo

  • 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.

    Read Also: Obanikoro: No record of cash collected from Dasuki for Fayose

    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.

  • Dasuki billions not illicit – Obanikoro

    A former Minister of State for defence Senator Musiliu Obanikoro on Tuesday told the Federal High Court in Lagos that the N4.6billion sent to him from the Office of the National Security (ONSA) in 2014 was not illicit fund.

    He said he was worried the huge sums he received from former National Security Adviser (NSA) Col. Sambo Dasuki (rtd) “for security purposes” were described as illicit.

    Obanikoro, the fifth prosecution witness, spoke at the continuation of his cross-examination in the trial of former Ekiti State Governor Ayo Fayose for money laundering.

    He said: “The NSA has the responsibility for coordination of security in the country.

    “He coordinates all the security agencies. Some of their operations are clandestine and are usually not documented.

    “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.

    “The local Joint Task Force on Boko Haram is still being funded by the NSA and the operation started under our watch,” Obanikoro, who served under the Goodluck Jonathan administration, said.

    The former minister was cross-examined by Mr Olalekan Ojo (SAN), counsel for Fayose’s company and co-accused, Spotless Limited.

    The lawyer said: “I suggest to you that the funds from ONSA were not illicitly obtained.”

    Obanikoro responded: “To the best of my knowledge.”

    The former minister said he had been reporting at the Economic and Financial Crimes Commission (EFCC) once a month since 2016.

    Asked why there was a two-year gap between two of his statements tendered in court, Obanikoro said: “They gave me administrative bail. One of the conditions is to report at the office once a month.

    “It was during one of such visitations on October 8 last year that I made the last statement after I made the one of October 19, 2016.

    “EFCC is investigating me based on a petition by the NSA that N4.6billion was sent to an account operated by me without proper documentation.

    “I’ve been reporting at EFCC monthly since 2016 and I have not been discharged from the administrative bail.

    “It is correct that I am being investigated for having been privy to illicit transfer of funds. The allegation has not been withdrawn.”

    Obanikoro said there was no contract between NSA and Taiwo Kareem who he said owned Sylvan Mcnamara Limited through which NSA transferred the funds.

    The former minister said he dealt with Diamond Bank, where the firm’s account was domiciled, on NSA’s behalf.

    “I gave instructions to Alex Otti (former Diamond Bank Managing Director) for the payment of N1.2billion.

    “The NSA never interacted with the bank. I gave verbal instructions to Diamond Bank.

    “I didn’t reduce it to writing because of the nature of the transactions. There was no written instruction for the release of N1.2billion.”

    Obanikoro said there was no written resolution by the board of Sylvan Mcnamara that he should operate the account.

    “The moment Sylvan Mcnamara decided to work with NSA for security purposes, it was agreed that I would supervise the account because of government funds in it. A verbal agreement was reached to that effect.

    “No, Fayose does not have any relationship with Sylvan Mcnamara,” he said in response to a question.

    Ojo then asked Obanikoro: “Are you aware that two of your children – Gbolahan Obanikoro and Babajide Obanikoro – were signatories to Sylvan Mcnamara’s account?”

    Obanikoro said: “Yes, they were signatories to the account prior to the operation in 2014. My children have relationships with the company. I also have a relationship with the company.”

    Ojo asked: “You had known Sylvan Mcnamara long before you recommended it to NSA?”

    Obanikoro replied: “Of course.”

    Ojo asked: “You recommended Sylvan Mcnamara because of your interest in the company?”

    Obanikoro replied: “That’s preposterous. I was in charge of security when I was Commissioner for Home Affairs in Lagos. I knew the owner of the company then as a skillful security operative.

    “When the opportunity came, I didn’t hesitate to recommend him to the NSA. The company account went through three phases of ownership.”

    Asked why there were no documentations for most of the transactions on the account, he said: “As a corporate citizen, the bank had a responsibility to support the activities of security operations by government institutions.

    Read Also: Obanikoro: no record of cash collected from Dasuki for Fayose

    “If you work in security operations, you will see worst things. And it’s all over the world, not only in Nigeria.”

    The former minister admitted that one of the directors of Sylvan Mcnamara, Ikenna Ezekwe, lived with him in his Parkview Estate, Ikoyi home for several years before he left.

    On how much was paid to the account in total, the witness said: “About 4.7billion was paid to Sylvan Mcnamara’s account from ONSA.”

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

    He had 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 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.”

    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.

    EFCC listed Obanikoro as one of 22 witnesses that will testify in the trial, which continues today.

  • Obanikoro: No record of cash collected from Dasuki for Fayose

    The Federal High Court in Lagos Monday heard that there is no record of the N1.2billion and $5million which former Minister of State for defence, Senator Musiliu Obanikoro, allegedly delivered to former Ekiti State Governor Ayo Fayose.

    Testifying in Fayose’s trial for money laundering before Justice Mojisola Olatoregun, Obanikoro, the fifth prosecution witness, said he did not sign for the money he received from former National Security Adviser (NSA) Col. Sambo Dasuki (rtd).

    “I did not sign any records at the Office of the National Security Adviser for the monies that I collected,” he said.

    Obanikoro was cross-examined by defence counsel Kanu Agabi (SAN) (for Fayose) and Olalekan Ojo (SAN) (for Fayose’s company and co-accused Spotless Limited).

    The former minister agreed that he was also under investigation by the Economic and Financial Crimes Commission (EFCC) and that he was eventually made to return N200million out of the money he received from Dasuki.

    “I was investigated over funds disbursed through the ONSA. I was kept in EFCC custody for 21 days. I reluctantly returned the N200million cash. Some money was seized from an account related to me,” Obanikoro said.

    The witness explained how he came about using the account of Sylvan Mcnamara Limited to receive money from ONSA.

    He said Dasuki’s successor wrote a petition against him and the company alleging that they collected funds for which no contract was executed.

    “It was the NSA (Dasuki) that requested me to furnish the account. The request to furnish the account was made orally,” he said.

    Obanikoro said Dasuki told him that the account was for the purpose of transferring funds meant for the security of Lagos.

    “The account was for securing Lagos. I sourced the account from Taiwo Kareem. It remained his property. We came about the company (Sylvan Mcnamara) because they made a presentation to the ONSA and was found to have the capacity for securing Lagos,” he said.

    Asked if Sylvan Mcnamara was a security company, Obanikoro said he would not know until he saw the firm’s articles of incorporation.

    Read Also: Obanikoro: it’s painful testifying against Fayose

    “That’s the purpose it was used for (securing Lagos). The decision to qualify Sylvan Mcnamara was that of the NSA. I introduced the company to NSA and the approval was given,” he said.

    Asked what the NSA had in mind when he asked him to source for the account, he said: “The NSA wanted to protect Lagos. I deserve a medal of honour for the protection of Lagos which we did successfully.”

    On why the account appeared to be shrouded in secrecy, Obanikoro said: “Clandestine security operations don’t work the way an average person wants it to work.”

    Obanikoro admitted that some funds were transferred from the account to Rehoboth Homes, such as N74million on May 31, 2014.

    He explained that Rehoboth Homes “must have been one of the vehicles to get the dollar content to Fayose”.

    Other sums, such as N5million, were also transferred to unknown persons from the account on at least three different times.

    Agabi said: “The reason they hide the identities of the recipients is because their job is evil.”

    Obanikoro responded: “I am not an evil doer sir. When a job is for society’s good, it cannot be characterised as evil. You do not keep records for some of these transactions.”

  • N1.64bn fraud suit: Nyame to know fate on May 30

    N1.64bn fraud suit: Nyame to know fate on May 30

    Former Governor of Taraba, Jolly Nyame, charged with N1.64bn fraud suit, will on May 30, know his fate as Justice Adebukola Banjoko of the FCT High Court will deliver judgment.

    Banjoko fixed the date for judgment after counsel to parties had adopted their addresses.

    The EFCC  charged Nyame with criminal breach of trust and misappropriation of government funds on June 22, 2010.

    Earlier, Mr Olalekan Ojo, Counsel to Nyame said the confessional statement the EFCC had relied on was marred by inconsistency and therefore urged the court to discountenance it.

    Ojo argued that his client had promised to return the alleged stolen funds if prosecution witnesses could show evidence to prove that he stole them.

    He said: “My Lord, at it stance, no witness has testified or brought out any evidence linking my client to have stolen any funds from Taraba Government’’.

    He also urged the court to be circumspect of frivolous evidence given by some of the prosecution witnesses with the viewing to dismissing them.

    Ojo specifically mentioned Mrs Asabe Mengua, a prosecution witness whom he claimed took her evidence from the state’s former Commissioner for Finance, Abubakar Tutare, who had testified earlier.

    Ojo therefore, drew the attention of the court to the fact that Mengua had told the court that she heard from Tutare that Nyame directed that certain funds be paid to Salman Global Ventures Ltd.

    The counsel argued that such evidence was not substantive, direct but `unreliable’ and `fraudulent’.

    “Our contention is that the prosecution has been unable to prove that the defendant gave that directive’’, he said.

    He further argued that the evidence given by Tutare was a “self confessed beneficiary of an alleged fraud being fielded as a witness.’’

    He submitted that all the allegations brought against his client had not been proven to secure his conviction, adding that all financial dealings under Nyame as governor were impeccable.

    Ojo went ahead to urge the court dismiss the suit, adding that the state’s financial record indicated that the ex-governor diligently expended the funds on state projects and not on himself.

    Mr Rotimi Jacobs (SAN), the Prosecuting Counsel, had urged the court to discountenance the arguments of the defence as the prosecution had been able to prove its case beyond reasonable doubt.

    Jacobs said he had called fourteen relevant witnesses, adding that the defendant’s statement reproduced as evidence supported the prosecution in the case.

    Jacobs said all financial misdemeanour committed during the defendant’s tenure as governor were aptly heaped on him.

    “My Lord, the simple question to ask is whether the sum of N1.64 was stolen while the defendant was in charge as governor of the state. The answer is a big yes.

    Jacob therefore submitted that the principal culprit was Nyame, adding that the testimonies of the prosecution witnesses exposed how the defendant stole and misused the monies.

    He said the defendant had also supported the case by admitting that he collected money in his statement which he had not retracted.

    “My Lord, we urge the court to dismiss all the issues canvassed by the defendant and go ahead to convict him’’, he said.

    NAN

  • Death sentence: Rev. King knows fate Friday

    Death sentence: Rev. King knows fate Friday

    Did the condemned leader of the Christian Praying Assembly, Chukwuemeka Ezeugo (alias Rev. King) pour petrol on a worshipper Ann Uzoh and set her on fire?

    This is the question the Court of Appeal, Lagos, will answer on Friday.

    It will deliver judgment in the appeal filed by the cleric who was sentenced to death by hanging over six years ago.

    He is urging the court to quash the sentence passed on him by a Lagos State High Court, Ikeja.

    Ezeugo’s lawyer, Mr. Olalekan Ojo, told The Nation on Thursday that he had been served with a notice of the judgment by the court’s officials.

    He said: “It has been confirmed. The case of Reverend King is for judgment on Friday.

    “I have been served with the hearing notice.”

    At the hearing last November 5, Ezeugo urged the court to allow his appeal.

    He said the trial judge Justice Joseph Oyewole erred in several respects and “miscarried” justice.

    Ojo adopted the appellant’s brief that day.

    The respondent, Lagos State Government, represented by Solicitor-General Lawal Pedro (SAN), also adopted its brief.

    Ezeugo was convicted and sentenced to death on January 11, 2007, for the alleged murder of a church member, Uzoh.

    He was arraigned on September 26, 2006 on a six-count charge of attempted murder and murder.

    The prosecution said he poured petrol on the deceased and five other persons.

    Uzoh died on August 2, 2006, 11 days after the incident.

    Ojo filed a notice of appeal on January 16, 2007, containing 16 grounds of appeal against the judgment.

    On June 10, 2008, the Appeal Court granted him leave to argue an additional 16 grounds of appeal through an amended notice of appeal filed on June 15, 2008.

    Ojo said Ezeugo did not commit the crime because he was not present at the scene.

    He said Uzoh had, in two statements before her death, said she got burnt in a generator accident and that the cleric was not responsible for her injuries.

    Ojo said the Investigating Police Officer (IPO) tendered statements which stated that Ezeugo was not responsible for the burns which led to Uzoh’s death, but they were not admitted in evidence.

    The lawyer said had those “vital exhibits” been admitted by the judge, “they would have cast doubts on the case of the prosecution.”