The alleged N1.2 billion fraud trial of former Governor of Ekiti State, Ayodele Fayose, could not proceed before the Federal High Court in Lagos State, on Tuesday, as Counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs (SAN), said he could not locate his witnesses.
He also told the court that the Investigating Police Officer (IPO) was on leave.
The EFCC counsel, who called his 7th witness, Adedamola Otuyalo, yesterday, sought an adjournment from the court to enable him bring other witnesses.
Justice Chukwujekwu Aneke consequently adjourn adjourned the matter October 19 and 20, 2020 for continuation of hearing.
Earlier, the judge had upheld the objection raised by Defence Counsel, Ola Olanipekun (SAN) and Olalekan Ojo (SAN) and disallowed the question the Prosecuting Counsel sought ask Mr. Otuyalo, under re-examination.
Yesterday, Otuyalo had said narrated how his bank in 2014 moved a cash sum of N1.2 billion to the Lagos airport and delivered to a former Minister of State for Defence, Musiliu Obanikoro.
The banker said he supervised the movement of the N1.2 billion cash on the instructions of his director.
He also told the court that he was asked to hand over the cash to Obanikoro who was not listed as a beneficiary in the document.
He identified the account holder listed in the document (Exhibit E) as Sylvan Mcnamara.
The EFCC has previously linked the company to Sen. Musiliu Obanikoro.
Under cross-examination by Fayose’s counsel, Ola Olanipekun SAN, the witness admitted that even though he got the instruction from his boss, he did not know the details or the technicalities involved.
Reading from documents placed before the court, he listed the 6 beneficiaries of the N1.2 billion as (1) Santuraki Bello – N200 million;
(2) Yusuf Bulama – N120 million;
(3)Chimenum Njoku – N250 million;
(4) Josiah Moses – N280 million;
(5) Abubakar Sadiq Zama – N200 million;
(6)Franklin Tolani – N150 million.
He also testified that even though Musliu Obanikoro and his co-defendant, a company, Spotless Investment Limited were not listed as beneficiaries to the transaction, he followed the instructions given by his director to hand over the money to Obanikoro.
Under cross-examination by the Counsel to Spotless Investment Limited, Olalekan Ojo SAN, the witness admitted that because he followed the verbal instructions of his director, he did not produce any proof to the EFCC during investigations to show that he paid the money to Obanikoro.
He also testified that after carrying out the instruction of his boss and handing over the money to Senator Obanikoro, he left the airport and did not know where the money was further moved to.
“I stated in my statement that I was admitted to the tarmac for the bullion van to load the cash into the aircraft. In Exhibit F I stated that the cash was offloaded into the aircraft which flew out of the airport.
“When we eventually gained entrance into the private wing, Mr Obanikoro came with two policemen and cash was offloaded into the first aircraft which flew out of the airport”.