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Richard Ogunsile
Guest
The Economic and Financial Crimes Commission (EFCC) summoned its 15th witness on Thursday in the money laundering trial of former Ekiti State Governor, Ayodele Fayose.
The witness, Joseph Machleb, was examined by the prosecutor, Rotimi Jacobs (SAN).
During his examination in chief, Machleb, who is not proficient in English, informed the court that he resides in Akure, Ondo State.
He stated that he is employed as a mechanic at a construction firm named Samchase Nigeria Ltd.
When inquired about his knowledge of a company called JJ Technical Services Ltd., he confirmed his awareness.
He explained to the court that he co-founded the company with his elder brother.
Furthermore, he mentioned that they entrusted the company to an individual named Azeez Michelle for the purpose of securing contracts.
When asked if the company was engaged in property acquisition, he replied, “I don’t know anything about that. I didn’t authorise Michelle to buy property; I only told him to look for contracts for the company.”
During cross-examination by the defence counsel, Olalekan Ojo (SAN), the witness informed the court that he did not authorise, in writing, one Azeez Michelle to execute any transaction for the company JJ Technical Services.
Ojo then asked: “If I give you any document that shows you authorised the same, will you remember?”
The witness replied: “Maybe, I will.”
Ojo subsequently requested that a document dated November 20, 2013, be presented to the witness to aid in refreshing his memory in accordance with Section 239 of the Evidence Act.
The prosecutor raised no objections.
Upon reviewing the document, the witness recognized his signature and confirmed that he had signed it.
The defence counsel submitted the evidence to the court, which was accepted and designated as Exhibit A20.
During further cross-examination by Ojo, the witness informed the court that JJ Technical Services had authorized Azeez Michelle to sign and execute documents, letters, and instructions on behalf of the company.
When inquired whether Michelle had executed numerous transactions for the company based on Exhibit A20, the witness responded: ‘No, I don’t know.”
The defence counsel called for Exhibits MM1 and 2 and asked the witness if it was the first time he had seen the documents.
The witness replied: “After these issues come up.”
He reiterated that he did not receive any document, adding that his brother only called to inform him that there was a problem in the company.
Ojo then asked: “When your brother told you that there was a problem in the company, you were worried and wanted your company to be out of any problem”?
The witness replied: “of course.”
The witness also confirmed to the court, as suggested by the defence counsel, that his company legitimately executes its businesses or duties.
He also told the court that his company never wrote any letter or memo to Michelle to find out if he knew anything about documents MM1 and 2.
Ojo asked the witness to look at the first defendant in the dock and tell the court if he had seen him before.
The witness replied: “Yes, I see him on TV.”
He also confirmed that he knew of Fayose, who was a former governor of Ekiti.
The defence counsel then asked: “I suggest to you that both you and your company had no business with him during his tenure as governor.”
The witness replied: “No, I never, J J never.”
The witness responded with uncertainty when inquired whether the defendant had ever travelled to Lebanon to visit his family, stating, “I don’t know.”
In response to a question regarding whether Michelle had been updating him on activities related to the document, the witness answered in the negative.
Furthermore, the witness denied any acquaintance with Biodun Agbele or involvement in any transactions with him.
Ojo subsequently questioned the witness about his recollection of visiting the EFCC, to which he affirmed positively.
When asked if the commission had presented him with any documents concerning transactions between his company and the first defendant or between his company and Biodun Agbele, the witness replied: “They just showed me one agreement.”
During the cross-examination conducted by the initial defence attorney, Uchenna Njoku (SAN), the witness affirmed that his company had entrusted Michelle to represent it based on a foundation of trust and confidence.
He stated to the court that, as of now, he has not encountered any reason to question Michelle’s integrity in her role for the company.
The court has, however, adjourned the proceedings until October 18 for the continuation of the trial.
Fayose is currently facing prosecution by the EFCC concerning alleged fraud and money laundering amounting to ₦6.9 billion.
He was first arraigned on October 22, 2018, before Justice Mojisola Olatoregun, alongside his company, Spotless Investment Ltd., on 11 counts related to fraud and money laundering offences.
He pleaded not guilty to the charges and was granted bail on October 24, 2018, in the amount of ₦50 million, with sureties of equivalent value.
Subsequently, the defendant was re-arraigned before Justice Chukwujekwu Aneke on July 2, 2019, after the case was transferred from Justice Olatoregun following a petition from the EFCC.
He again pleaded not guilty to the charges and was permitted to continue under the previously granted bail while the case was adjourned for trial.
The commission has since commenced its case before Justice Aneke and is currently presenting witnesses to provide evidence.
EFCC’s Allegation
The EFCC had claimed that on June 17, 2014, Fayose and one Abiodun Agbele acquired ₦1.2 billion to finance his gubernatorial election campaign in Ekiti.
The commission alleges that this amount constitutes part of the proceeds of criminal activity.
Fayose was also alleged to have received a cash payment of five million dollars from the then Minister of State for Defence, Sen. Musiliu Obanikoro, without going through any financial institution.
The EFCC also alleged that the former governor retained N300 million in his bank account and took control of the aggregate sums of about N622 million, which formed part of the crime proceeds.
It added that Fayose procured De Privateer Ltd. and Still Earth Ltd. to retain aggregate sums of N851 million, part of crime proceeds.
The commission also accused Fayose of using about ₦1.6 billion in crime proceeds to acquire property in Lagos and Abuja.
The former governor also allegedly used ₦200 million in crime proceeds to acquire a property in Abuja in the name of his elder sister, Moji Oladeji.
The alleged offences contravene Sections 15(1), 15(2), 15(3), 16(2)(b), 16(d), and 18(c) of the Money Laundering Prohibition Act, 2011
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