The prosecution on Monday opened its case before a Federal High Court Lagos in the criminal trial of Ayodele Fayose, the immediate past Governor of Ekiti State, charged with N6.9 billion fraud.
Fayose was arraigned by the Economic and Financial Crimes Commission, EFCC, on October 22 alongside his company — Spotless Investment Ltd on 11 counts.
He had pleaded not guilty to the charges, and the court granted him bail in the sum of N50 million with one surety in like sum and adjourned the case for trial until Monday.
On Monday, Rotimi Jacobs (SAN) appeared for the EFCC, while Kanu Agabi (SAN) and Olalekan Ojo (SAN) represented the first and second accused respectively.
Jacobs then called on first prosecution witness, Lawrence Akande, a banker in charge of a bank in South West 1, comprising Ogun, Oyo and Osun states.
Led by the prosecutor, the witness told the court that in June 2014, he was called by one Abiodun Agbele, who informed him that he had about N1.2 billion cash lodgment to make in Akure, the Ondo State capital.
He told the court that afterwards, he also received a call from Fayose on the same issue, adding that since the lodgment was in Akure, he placed a call across to his colleague in Akure to follow up same.
When asked if he knew the second accused, (Spotless Ltd), he replied that the company is a customer of his bank with account at Dugbe branch.
The prosecutor then showed the witness some account opening document of Spotless Nig. Ltd, De Privateer Ltd, Still Earth Ltd as well as account document of first accused.
The witness confirmed the document and they were admitted by the court and marked exhibit A.
When asked where the account of Fayose was domiciled, the witness replied ” It is not domiciled within my domain but from the document before me here I can see Apapa,”
During cross examination, the witness told the court that he made statements to the EFCC, on June 6, 2016, and confirmed that he made no mention of the first accused in his earlier statement.
Being cross-examined by defence counsel, (Agabi) he said that he only made mention of Fayose in his subsequent statements.
During cross-examination by second defence counsel, (Ojo) the witness told the court that he had worked in the banking sector for 28 years.
He confirmed to the court that a person who is not a signatory to an account cannot make withdrawals from such account.
According to the witness, there are withdrawal limits in every account and where withdrawals are to be made above the stipulated limits, it is reported to the Nigeria Financial Intelligence Unit (NFIU) to investigate such transaction.
EFCC then called its second witness, Abiodun Oshordi.
The witness introduced himself as the Zonal head of the bank, covering South West 2 which includes, Ondo, Kwara and Ekiti, adding that he also supervises all branches in the three localities.
The witness told the court that he received a call from his colleague (Akande) that Agbele will be coming to make some lodgment and that he should organise a bullion van.
He said that he waited for Agbele who arrived with one Sadiku and some escorts, adding that Sen. Musiliu Obanikoro, the then Minister of State for Defence, and his aide, also accompanied them.
According to him, as soon as the aircraft arrived, he moved with the bullion van towards the plane to evacuate the money.
He said that the total sum amounted to N1.2billion, adding that they were lodged into accounts supplied by Agbele.
He said that they include: Spotless Nig. Ltd, De Privateer Ltd as well as personal account of the first accused, while some cash were taken to Ado-Ekiti.
When asked to look at the deposits in the account of Spotless Ltd from June 17 to Aug 4, 2014, he told the court that there was a lodgment of N100 million on June 17.
He said that on June 23, there was a cash lodgment of N49 milion, on June 24, a cash lodgement of N200,000, while on August 4, there was a cash lodgment of N40 million.
According to him, on same Aug.4, there were also cash lodgments in the sums of N35 million, N35 million, N24 million, N20 million and N14 million respectively.
The witness told the court that Agbele made the deposit of June 17, while from the statement before him, he could see that it is written Ayo as depositor of the funds on August 4.
Justice Mojisola Olatoregun has adjourned until January 21 and 28 for continuation of trial.
