By Francis Iwuchukwu, Lagos
A witness brought by the Economic and Financial Crimes Commission (EFCC), Adewale Aladegbola, was on Friday declared hostile.
He was declared hostile by the anti-graft agency before Justice Mojisola Olatoregun of a Federal High Court sitting in Ikoyi, Lagos State, Nigeria, when he contradicted his extrajudicial statement to the Commission.
Aladegbola who was testifying in the ongoing trial of the immediate past Governor of Ekiti State, Peter Ayodele Fayose, had told the court that nothing happened on the June 16, 2014 and that the two vehicles he used to drive were grounded that day.
Aladegbola, a former driver to the Ado-Ekiti branch of a new generation bank told Justice Olatoregun that he got to know about Afao-Ekiti sometimes in 2014.
The witness intimated the court that the head of cash payment section of the financial institution had told him that there is something to be done in Afao and that when he asked him what that thing was, he said it was unofficial.
According to Aladegbola, “On April 16, 2015 the Bank’s bullion van was grounded and there was no operations.”
At this point, the EFCC lawyer, Rotimi Jacobs (SAN) notified the judge that he will be asking for an adjournment as the witness seems to be a hostile witness.
But the defence counsel, Ola Olanipekun (SAN) and Olalekan Ojo (SAN), opposed the application for adjournment on the reason that the prosecution cant ask for adjournment based on the fact that his witness is not cooperating.
They argued that rather than asking for adjournment, the EFCC lawyer should have declared the witness a hostile witness and contradict him with his statement.
However, after a protracted argument, Justice Olatoregun adjourned the matter till Tuesday, May 14, 2019.
Prior to this time, the EFCC had called a Senior Manager with the Central Bank of Nigeria (CBN), and Head of Payment department, Abuja, Aliyu Mohammed Mukandaz, to tender the payment mandate authorised by the office of the National Security Adviser (ONSA).
While being led in evidence, Mukandaz told Justice Olatoregun, that sometimes in in 2014 the ONSA office brought a payment mandate of the sum of N200 million in favour of Mcmara to the bank and that after due diligence was carried out before the payment was effected.
Mukandaz further stated that on June 13, 2014, another mandate of N2 billion from the office of ONSA was brought also in favour of Mcmara and that the mandate was honoured.
According to the charge, the EFCC alleged that on June 17, 2014, Fayose and one Agbele took possession of the sum of N1.2 billion, for purposes of funding his gubernatorial election campaign in Ekiti State, which sum they reasonably ought to have known formed part of crime proceeds.
Fayose was alleged to have received a cash payment of the sum of five million dollars, (about N1.8 billion) from the then Minister of State for Defence, Sen. Musiliu Obanikoro, without going through any financial institution and which sum exceeded the amount allowed by law.
He was also alleged to have retained the sum of N300 million in his account with the financial institution and took control of the aggregate sums of about N622 million which sum he ought to have known formed part of crime proceeds.
Fayose was alleged to have procured De Privateer Limited and Still Earth Limited, to retain in their account with the new generation bank and FCMB, the aggregate sums of N851 million which they reasonably ought to have known formed part of crime proceeds.
Besides, the defendant was alleged to have used the aggregate sums of about N1.6 billion to acquire properties in Lagos and Abuja, which sums he reasonably ought to have known formed part of crime proceeds.
The accused was also alleged to have used the sum of N200 million, to acquire a property in Abuja, in the name of his elder sister Moji Oladeji, which sum he ought to know also forms crime proceeds.
The offences contravenes the provisions of sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d), and 18 (c) of the Money Laundering Prohibition Act 2011.
