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Obanikoro Is Chief Witness As EFCC Drags Fayose To Court On Monday

Two time Governor of Ekiti State, Mr Ayodele Fayose is expected to be arraigned before  Justice Olatoregun of a Federal High Court in Lagos, as the Federal government, through the  Economic and Financial Crimes Commission, EFCC, presses corruption charges against him.

With his trial commencing on Monday,  22 witnesses have been lined up against him with eleven count charges.

Chief among the  witnesses is Senator Musiliu Obanikoro, even as the charge is majorly  on the money Fayose allegedly collected from the office of  the. National Security Adviser,  Sambo Dauski.

Below are the charges and list of witnesses

COUNT 1

That you MR. AYODELE FAYOSE and MR. ABIODUN AGBELE (now facing another charge) on or about 17th June, 2014 in Lagos, within the jurisdiction of this Honourable Court, took possession of the sum of N1, 219, 000, 000.00 (One Billion, Two Hundred and Nineteen Million Naira) to fund your 2014 gubernatorial campaign in Ekiti State, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) and (4) of the same Act.

COUNT 2

That you MR. AYODELE FAYOSE on or about 17th June, 2014 in Lagos, within the jurisdiction of this Honourable Court, without going through the financial institution received cash payment in the sum of $5, 000, 000 (Five Million Dollars) from SENATOR MUSILIU OBANIKORO, the then Minister of State for Defence, which sum exceeded the amount authorised by law and you thereby committed an offence contrary to Sections 1 and 16 (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 16 (2) (b) of the same Act.

COUNT 3

That you MR. AYODELE FAYOSE on or about 7th April, 2015 in Lagos, within the jurisdiction of this Honourable Court, did retain in your fixed deposit account No: 9013074033 with Zenith Bank Plc, the sum of N300, 000, 000.00 (Three Hundred Million Naira) which sum you reasonably ought to have known formed part of proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 4

That you MR. AYODELE FAYOSE and SPOTLESS LIMITED between 17th June, 2014 and 4th August, 2014 in Lagos, within the jurisdiction of this Honourable Court, took control of an aggregate sum of N317, 000, 000.00 (Three Hundred and Seventeen Million Naira) by depositing same into the Zenith Bank Plc’s Account No: 1010170969 belonging to SPOTLESS INVESTMENT LIMITED, a company controlled by you and members of your family and which sum you reasonably ought to have known formed part of proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 5

That you MR. AYODELE FAYOSE between 26th June, 2014 and 27th August, 2014 in Lagos, within the jurisdiction of this Honourable Court, took control of an aggregate sum of N305, 760, 000.00 (Three Hundred and Five Million, Seven Hundred and Sixty Thousand Naira) in your Zenith Bank Account No: 1003126654 which sum you reasonably ought to have known formed part of proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 6

That you MR. AYODELE FAYOSE between 18th June, 2014 and 23rd June, 2014 within the jurisdiction of this Honourable Court, did procure DE-PRIVATEER LIMITED and one ABIODUN AGBELE to retain in their Account No: 1013835889 domiciled with Zenith Bank Plc, Apapa branch, Lagos, an aggregate sum of N719, 490, 000.00 (Seven Hundred and Nineteen Million, Four Hundred and Ninety Thousand Naira) on your behalf, which sum formed parts of proceed of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 18 (c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 7

That you MR. AYODELE FAYOSE and SPOTLESS LIMITED on or about 4th August, 2014, within the jurisdiction of this Honourable Court, did use the sum of N270, 000, 000.00 (Two Hundred and Seventy Million Naira) to acquire a property at Plot 1504, Yedsema Street, Maitama, Abuja from one RABI KUNDILI, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 8

That you MR. AYODELE FAYOSE between 12th November, 2014 and 20th August, 2015, within the jurisdiction of this Honourable Court, did use an aggregate sum of N1, 151, 711, 573 (One Billion, One Hundred and Fifty One Million, Seven Hundred and Eleven Thousand, Five hundred and Seventy Three Naira) to acquire chalets 3 and 4, 6 and 9 of the property situated at Plot 100 Tiamiyu Savage Street, Victoria Island, Lagos in the name of JJ TECHNICAL SERVICE, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 9

That you MR. AYODELE FAYOSE between 23rd April, 2015 and 30th April, 2015 within the jurisdiction of this Honourable Court, did use an aggregate sum of N200, 000, 000.00 (Two Hundred Million Naira) to acquire a property known as No, 44 Osun Crescent, Maitama, Abuja as in the name of MOJI OLADEJI (your elder sister), which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 10

That you MR. AYODELE FAYOSE between 23rd April, 2015 and 30th April, 2015 within the jurisdiction of this Honourable Court, did use an aggregate sum of N270, 000, 000.00 (Two Hundred and Seventy Million Naira) to acquire a property known as Plot 1504 Yedseram Street, Maitama, Abuja in the name of SPOTLESS INVESTMENT LIMITED, which sum you reasonably ought to have known formed part of the proceeds of an unlawful act, to wit: criminal breach of trust/stealing and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

COUNT 11

That you MR. AYODELE FAYOSE on or about 30th January, 2015 within the jurisdiction of this Honourable Court, did procure STILL EARTH LIMITED to retain in its account with First City Monument Bank (FCMB), the sum of N132, 500, 000.00 (One Hundred and Thirty Two Million, Five Hundred Thousand Naira) for your benefit, which sum formed part of the proceeds of your unlawful activity, to wit: gratification which you received from SAMCHASE NIGERIA LIMITED and you thereby committed an offence contrary to Section 18 (c) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act.

A. B. C. OZIOKO

(HEAD OF LEGAL, EFCC)
ECONOMIC AND FINANCIAL CRIMES COMMISSION

LIST OF WITNESSES

1. AYOTUNDE OWOPE
2. SENATOR MUSILIU OBANIKORO
3. SALISU SHUAIBU
4. ALEX OTTI
5. JAMILU UBA
6. IMISI ILESANMI JOHN
7. ADEKUNLE ADETIMEHIN
8. JOSEPH MECHLEB
9. JOSEPH GHOSSEN
10. MECHLEB MAROUN
11. PATRICK NIMIDAM
12. ADEYEMI OYINDAMOLA
13. FALAYI OLUGBOYEGA
14. TAIWO OLUMIDE OGUNDEMI
15. OLUKAYODE SHOKUNBI
16. Representative of Diamond Bank Plc
17. Representative of Zenith Bank

18. ABUBAKAR A. MADAKI TO GIVE EVIDENCE OF
19. ALEXANDER PRECIOUS THEIR INVESTIGATION
20. USMAN ALLI AND TENDER DOCUMENTS
21. JACKSON EDET RECOVERED DURING
22. NURA BUHARI INVESTIGATION

Dated this…………………..day of………..……………………..2018.

…………………………………
A. B. C. OZIOKO
(HEAD OF LEGAL, EFCC)
ECONOMIC AND FINANCIAL CRIMES COMMISSION

IN THE FEDERAL HIGH COURT
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

CHARGE NO:………………..
BETWEEN

FEDERAL REPUBLIC OF NIGERIA ) COMPLAINANT

AND

1. MR. AYODELE FAYOSE DEFENDANTS
2. SPOTLESS LIMITED

PROOF OF EVIDENCE

TAKE NOTICE that at the trial of the above named defendant, the State intends to call the following to testify and tender exhibits:

LIST OF WITNESSES

1. AYOTUNDE OWOPE – He was an Account officer of Governor Ayodele Fayose who opened an account with the bank and he will give evidence on how funds were trnasfered from one account to another account. he will give evidence and tendered documents relating to the account of Govenor Ayodele Fayose

2. SENATOR MUSILIU OBANIKORO – He was a serving minister in 2014 in the Ministry of Defence during and before the Ekiti Governorship election in 2014 around June 2014. Mr. Ayodele Fayose who was then the candidate of PDP in Ekiti State called and asked if the NSA (Col. Sambo Dasuki RTD) has reached him (Obanikoro) with any information or message. Senator Obanikoro answered in the negative but promised to call the NSA and revert back to him. He spoke to the then NSA who informed him that he had a message which will be transmitted through him to Ayodele Fayose and further requested for an account in which the said message will be transferred or delivered for onward transfer or delivery to Ayodele Fayose. Senator Obanikoro then called Fayose and confirmed to him that a message will be delivered to him any moment from that time as confirmed by the NSA. He sourced for an account Slyvan Mcnamara Limited and forwarded same to the NSA, Sambo Ibrahim Dasuki. On 5th June, the first transaction of N200 million entered into the account and on 16th June, 2014, the sum of N2 Billion was transferred into the account, making it a total sum of N2.2 Billion paid into Mcnamara with Diamond Bank domiciled in Lagos.

He acknowledge the receipt of the funds to the NSA who instructed that the funds be given to Ayodele Fayose, the funds came from the office of the National Security Adviser and SAS imprest main account respectively. Ayodele Fayose called Senantor Obanikoro several times before the money eventually came and on his last call, he confirmed the transfer of the money into the account and the instruction of NSA. Ayodele Fayose said N1.2 billion of the money should be made available in cash while the balance should be converted into Dollars. These instructions were carried out by him (Obanikoro). The sum of about N1 billion was given to various Bureau De Change for conversion into dollars. The dollars that were available about $4 million plus was personally handed, delivered to Fayose Ayodele, then candidate of PDP at the time by him in Ado Ekiti at Spotless Hotel, while the balance of $1 million was later collected by his SAA late Justin Erukea who brought it to him in Ekiti which he also handled over to Mr. Ayodele Fayose.

He was not privy to the discussion between Fayose and the NSA. The balance of N1.2 billion was left and later withdrawn cash from the account in Lagos and airlifted to (Ado Ekiti) Akure where he handed over to Fayose’s associates Mr. Biodun Agbele. On arrival in Akure, he called Mr. Fayose to reconfirm, the instruction to hand over the money to Mr. Agbele who received him on arrival in Akure and reconfirmed the instructions.

He handed over the money to Mr. Biodun Agbele and instructed his ADC (Lt. Commander Adewale) to escort him (Agbele) to the bank since he indicated that he wanted to take the money to the bank. On arrival, he saw bullion vans packed to convey the money to the bank. The bullion vans were provided by the bank (Zenith bank). The bank manager was also present.

He can’t recollect the bank managers and his team since it was only Biodun Agbele that Fayose introduced to him.

3. SALISU SHUAIBU – He is the Director of Finance in the office of National Security Adviser. He was given instruction by the then NSA, Col. Sambo Dasuki to remit the total sum of N2.2 Billion in two tranches in favour of Sylvan Mcmanara Nigeria Limited between 5th June and 16th June, 2014. There was no contract executed by Sylvan Mcmanara Nigeria Limited to deserve any payment from the office of National Security Adviser. He merely carry out the instruction of his boss.

4. ALEX OTTI – He was the Group managing Director of Diamond Bank Plc. he recalled that sometimes in 2014, Senator Musiliu Obanikoro, the then Minister of State for Defence came to his office in Lagos to explain that he was expecting certain sums of money from Central Bank of Nigeria into the account of Sylvan Mcmanara Limited. He called the Head of Operation who confirmed the receipt of the funds and the credit of same into the account domiciled at Apapa as specified by the transfer instrument. Senator Musiliu Obanikoro requested he needed the money or most of it in Ekiti. The bank offered to transfer the funds electronically into Ekiti but Senator Obanikoro preferred that the money be delivered cash in Ekiti. The bank then charged a fee of 5% and then made arrangement to transfer the cash to Ekiti the next day. However, Senator Obanikoro called later that his partner rejected the fee on the ground that it was too high and they would rather take delivery of the money in Lagos and fly it to Ekiti. An arrangement was made by the bank and cash were made available and the cash was taking away from Lagos.

5. JAMILU UBA – He is the Proprietor and Director of Kofar Naisa Investment Nigeria Limited and a Bureau De Change operator. He was involved in a number of transaction with De Privateer Limited. Abiodun Agbele paid money into the account of his company and the dollar equivalent were paid to him in exchange. He will also give evidence on how he remitted money into Still Earth Limited account in the name of various persons such as Abba Uba Ahmad. He will also give evidence that it was Abiodun Agbele that instruction him to deposit N47m, N40m and N14m into the account of Still Earth Limited. He will also give evidence on how Abiodun Agbele sold $1 at the rate N208 at the material time and how Abiodun Agbele received the Naira equivalent from him

6. IMISI ILESANMI JOHN – He is a staff of the Zenith Bank Plc and a Relationship Officer. He will give evidence on how Samchase Nigeria Limited who is a contractor to Ekiti State Government issued an instruction on 30th January, 2015 to transfer the sum of N132.5million of First Bank account to Still Earth Limited

7. ADEKUNLE ADETIMEHIN – He is the Chief Administrator of Noga Hotel Limited, the owner of property known as situated at Plot 100 Tiamiyu Savage Street, Victoria Island, Lagos. He will give evidence on how chalet 3, 4, 6 and 9 were purchased first by Still Earth Limited and later by JJ Technical Services Limited through one Barrister Kolapo Kolade

8. JOSEPH MECHLEB – He is a Lebanese and employee of Samchase Nigeria Limited who worked as a mechanic. He, along with his brother in-law Joseph Ghossen incorporated a company known as JJ Technical Services Limited in 2007 for maintenance of machines and other technical services. He claimed that he gave the particulars of JJ Technical to his brother, Mechleb Maroun who promised to help them secure jobs or contracts. He never heard of any property purchased by JJ Technical Services Limited, the company has never done any job or any project in Ekiti.

9. JOSEPH GHOSSEN – He is also a Lebanese and the co-director and General Manager of JJ Technical Services Limited. No contract or business has been done with the company. He also confirmed that they gave particulars of JJ Technical Services Limited to engineer Mechleb Maroun over two to three years ago to help them get job or contract without any success. He did not use JJ Technical Service Limited to buy any property in Nigeria. He did not know how the property was paid for.

10. MECHLEB MAROUN – He is a Lebanese who incorporated Samchase Nigeria Limited and a contractor to some states government including Ekiti State. He carried out some construction and rehabilitation of some Roads in Ekiti State. He claimed that Abiodun Agbele contacted him if he was interested in a property in Lagos State. He admitted that the discussions with Abiodun Agbele on behalf of Governor Ayodele Fayose on the percentage to be paid as appreciation for the contract awarded by Ekiti State to his company. He agreed to payment of ten percent as appreciation. He said he will give evidence that the N132.5million paid by Samchase Nigeria Limited was part of the ten percent in appreciation to Governor Fayose. He also admitted that he gave the particulars of JJ Technical Services Limited to Abiodun Agbele to buy property in Lagos on behalf of the Governor. He claimed that he did not have personal discussion of ten percent directly with Governor Ayodele Fayose. Although, he paid N132.5million the agreement which he saw bear N40 million for the property. He admitted that he merely used the company and that the owner of JJ Technical Services Limited were not aware of any transactions involving the company. He was the one who gave the company’s particulars to Abiodun Agbele.

11. PATRICK NIMIDAM – He will give evidence as to the purchase of the property at 1504, Yedsema Street, Maitama, Abuja from one Rabi Kundili. He claimed that one Mohammed who happened to be an agent of Ayodele Fayose called to see the site of his cousin’s property situate at Plot 1504 Yedsema Street, Maitama, Abuja and that they are interested in buying the land. He met with Mohammed Sanni and the special assistant to Ayodele Fayose at the site. They spoke on the price of the land and agreed with them that they would meet Ayodele Fayose at Maitama on Gana Street at a guest house. The party agreed to the price of N27 million for the property and the money was paid and the agreement was prepared by Governor Fayose’s lawyer and was signed by Hajiya Rabi Binchan.

12. ADEYEMI OYINDAMOLA – He set up a construction and real estate company called Still Earth Company Limited with the head office in Lagos. He will give evidence on how the company received from his first bank account, various sums of money from De Privateers Limited and cash lodgement by Taofeek, Abba, Uba, Ahmed and other payment from Samchase Nigeria Limited, Huff Concept Nigeria limited and Calibre consulting. He acknowledged that his company had received over N1.3 billion from Abiodun Agbele & Associates. He will give evidence that  Abiodun Agbele offered to buy four chalets from the company situated at Plot 100 Tiamiyu Savage Street, Victoria Island, Lagos where the consideration for the chalets 3 and 4 is N579, 848, 000 and that of chalets 6 and 9 is N575, 863, 573.00. Abiodun Agbele also instructed the company to transfer the sum of N200 Million through their sister company called Signachor Integrated Limited to Skye bank for the purchase of a property in 44, Osun Crescent, Maitama, Abuja, which was purchased in Abuja. The property was also bought in the name of JJ Technical Services Limited and the name of the company was forwarded to the company by Abiodun Agbele.

13. FALAYI OLUGBOYEGA – He is a banker and an employee of Skye Bank Plc. he will give evidence on how the bank sold Plot 1241, 44, Osun Crescent, Maitama, Abuja.

14. TAIWO OLUMIDE OGUNDEMI – He is a Relationship Manager with the First Bank. He supplied the investigator with the account particulars of Still Earth Limited and how various sums were paid into the account by 3rd parties such as De Privateer Limited.

15. OLUKAYODE SHOKUNBI – He is a staff of Still Earth Nigeria Limited. He will also give evidence on how chalets 3 and 4, 6 and 9 located at Plot 100 Tiamiyu Savage Street, Victoria Island, Lagos was purchased by Abiodun Agbele through JJ Technical Limited.

16. Representative of Diamond Bank Plc – To give evidence on the account of Mcnamara Limited operated in Lagos and how various cash were withdrawn on 16th and 17th June, 2014.

17. Representative of Zenith Bank – To give evidence of the account operated by Governor Ayodele Fayose, Spotless Nigeria Limited, De Privateer Limited and Abiodun Agbele and the various transactions that occurred in those accounts.

18. ABUBAKAR A. MADAKI
19. ALEXANDER PRECIOUS
20. USMAN ALLI
21. JACKSON EDET
22. NURA BUHARI

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