Alleged N6.9bn fraud: Obanikoro’s absence delays Fayose’s trial

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The trial of the former governor of Ekiti, Ayodele Fayose, before a Federal High Court in Lagos came to a standstill on Monday because Mr. Musiliu Obanikoro, the 12th prosecution witness, was not present.

Former Minister of State for Defense Obanikoro is still being questioned by the defense after starting his testimony on January 31.

The Economic and Financial Crimes Commission (EFCC) is pursuing charges against Fayose for alleged money laundering and fraud.

The former governor was initially charged with 11 counts of fraud and money laundering offenses on October 22, 2018, before Justice Mojisola Olatoregun, along with his company, Spotless Investment Ltd.

On October 24, 2018, after entering a not guilty plea to the charges, he was released on bail in the amount of N50 million with two sureties in the same amount.

Nevertheless, the case was subsequently withdrawn from Justice Olatoregun as a result of the EFCC’s petition, and the defendant was re-arrested before him on July 2, 2019.

He had also entered a not guilty plea to the charges and was permitted to keep moving forward while the case was adjourned for trial.

Since then, the commission has presented its case to Justice Aneke, and it is still calling witnesses to testify.

When the case was called on Monday, Mr. Olalekan Ojo (SAN) appeared for the second defendant, and Mr. Rotimi Jacobs (SAN) announced an appearance for the prosecution.

Mr. Ahmed T. was handling the first defendant’s case while Mr. Ola Olanipekun (SAN) was holding the brief.

 

The prosecutor added that he had been informed by the witness’ assistant that he was out of the country when he told the court that Pw12’s cross-examination would continue.

Jacobs specifically asked the court to postpone the currently scheduled dates in June.

The defense attorney made no objections to this request for an adjournment.

However, Ojo, the second defense attorney, warned that he would be forced to file the “necessary application” if “the trend continues on the next adjourned date.”

On his part, the first defense attorney informed the court of a request for permission from the court to allow the defendant to travel for medical reasons.

He claimed that although his application was filed today, it was actually dated May 5.

The prosecution did not object to this request.

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As a result, Justice Aneke approved the defendant’s request to travel for medical examinations.

He postponed the trial to the already scheduled dates of June 6 and June 8 in order to continue.

The EFCC called Mrs. Joanne Tolulope, its 11th witness, in December 2021. She had described how Abiodun Agbele, a friend of Fayose, acquired properties worth millions of dollars.

According to The News Agency of Nigeria (NAN), the prosecution called witnesses from a number of commercial banks as well as Obanikoro during the trial before Justice Olatoregun.

The charge alleges that on June 17, 2014, Fayose and a man named Abiodun Agbele took possession of the sum of N1.2 billion, which they allegedly knew, or should have known, was part of the proceeds of a crime, in order to finance Fayose’s gubernatorial election campaign in Ekiti.

Sen. Musiliu Obanikoro, the former minister of state for defense, was accused of giving Fayose a cash payment in the amount of $5 million (or about N1.8 billion) without first going through a financial institution.

He was also accused of keeping N300 million in his account and taking possession of a total of N622 million, which he should have known was part of the proceeds of crime.

De Privateer Ltd and Still Earth Ltd were accused of knowing that the combined sum of N851 million was part of the proceeds of crime, and Fayose allegedly convinced them to keep it.

In addition, it was claimed that the defendant used a total of about N1.6 billion to buy homes in Lagos and Abuja, amounts that he knew or should have known were part of the proceeds of crime.

He was also accused of using N200 million to buy an Abuja property in the name of his older sister Moji Oladeji; he should have known that this money is part of the proceeds from crime.

The Money Laundering Prohibition Act of 2011’s sections 15(1), 15(2), 15(3), 16(2)(b), 16(d), and 18(c) are all violated by the offense, according to the EFCC.

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