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February 6, 2019

ALLEGED FRUAD: I’m still under EFCC investigation—OBANIKORO

ALLEGED FRUAD: I’m still under EFCC investigation—OBANIKORO

Musiliu Obanikoro

By Innocent Anaba

LAGOS—FORMER Defence Minister, Sen. Musiliu Obanikoro, yesterday, told a Federal High Court sitting in Lagos, at the resumed trial of former governor of Ekiti State, Mr. Ayodele Fayose, that he (Obanikoro) was still reporting to the Economic and Financial Crimes Commission, EFCC.

Obanikoro

He also told the court that he was investigated for having been privy to illicit transfer of funds.

While being cross-examined by one of the defence counsel, he said: “They (EFCC) gave me administrative bail. One of the conditions is to report at the office once a month. It was during one of such visitations on October 8, last year that I made the last statement after I made the one of October 19, 2016.

“EFCC is investigating me based on a petition by the National Security Adviser, NSA that N4.6billion was sent to an account operated by me without proper documentation. I’ve been reporting at EFCC monthly since 2016 and I have not been discharged from the administrative bail.

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“It is correct that I am being investigated for having been privy to illicit transfer of funds. The allegation has not been withdrawn. The NSA has responsibility for coordination of security in the country. He coordinates all the security agencies. Some of their operations are clandestine and are usually not documented.

“It borders me as a person that clandestine operations of the NSA are described as illicit. It should worry every Nigeria. I am surprised that the current NSA can characterise the funds as illicit. The local Joint Task Force on Boko Haram is still being funded by the NSA and the operation started under our watch.”

Fayose was arraigned by the EFCC, on October 22, 2018, alongside his company, Spotless Investment Ltd., on an 11-count charge bordering on N6.9 billion fraud.

He pleaded not guilty to the charge, and was granted bail in the sum of N50 million with one surety in like sum.

At yesterday’s hearing, one of the defence counsel, Mr Olalekan Ojo, SAN, while cross-examining Obanikoro, said: “I suggest to you that the funds were not illicitly obtained,” to which he (Obanikoro), responded “To the best of my knowledge.”

Hr told the court that during his tenure as Commissioner in Lagos in charge of Home Affairs and Culture, he had interfaced with various security agencies in the discharge of his duties.

According to him, he sourced for a security outfit known as Silva Mcnamara, owned by one Kareem Taiwo, to the office of the NSA, when the need arose to provide for security operations in Lagos State.

He said that the outfit performed credibly and did a good job.

Ojo then asked the witness, “You said Kareem Taiwo did a good job,” the witness replied, “Yes.”

Ojo said: “Then are you not surprised that a petition was still written by the NSA against both of you, for having received money from the NSA illicitly.”

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Obanikoro replied in the affirmative, adding “And I state that I deserve a medal of honour for the great work I did in securing Lagos State.”

Ojo: “I am sure you are aware of the offences you were alleged to have committed for which you were granted bail by the EFCC,” witness replied, “Yes.”

Defence counsel then asked the witness to tell the court the offence.

Obanikoro said:”It was based on a petition sent by the NSA that about N4.6 billion or thereabout was sent in an account operated by me.”

Defence: Will I be right to say that the allegations consisted of fraud.

Witness; Until I see it.

Defence:  Are you still on administrative bail.

Witness:  Well, I have not been discharged to the best of my knowledge.

Defence: It was also alleged that there were no approvals for the funds alleged to have been transferred to a number of companies listed in exhibit I, including Silva Mcnamara.

Witness: Correct

Defence:  So I suggest to you that at all material time, you were being investigated to have been privy to illicit transfer of funds.

Witness: Correct

Defence “Till today, the allegation of illicit transfer of funds had not being withdrawn against you by the EFCC.

Witness: To the best of my knowledge you are correct.

Defence: Did you produce any document to show the relationship between Kareem and the office of the NSA contrary to allegations that the NSA does not know him.

Witness: No.

He added that the office of the NSA had responsibility for coordination of security across the nation, some of which are clandestine and not documented.

On who gave instructions to Diamond Bank for the release of N1.2 billion, Obanikoro said, “I was the only person that gave instructions to the bank.”

Defence: Can you tell the court by what means, you gave the instruction and to who?

Witness: Verbally, to the then MD of Diamond Bank, Mr Alex Oti.

Defence: Was there any time your verbal instruction was reduced into writing.

Witness: No.

Defence: So, I suggest to you that what you are telling this court is that there was no written record for the release of N1.2 billion by the bank.

Witness: Because of the nature of the job.

Defence: Look at exhibit E9 -E11 and mention the names of the Directors of Silva Mcnamara.

Witness: Ezekwe Ikenna, Oshodi Idowu, and Adebiyi Elizabeth.

Defence:  Who owns House 9, Layi Bembe, Park view Estate, Ikoyi.

Witness:  That’s my house.

Ojo then said, “I suggest to you that Ikenna Ezekwe lived in that house at one time or the other?”

Witness: Correct.

Subsequently, Ojo sought to tender an extra judicial statement made by the then SA to Obanikoro, Mr Justin Erukaa and the prosecutor objected to the tendering of the document.

Following the objection by prosecution,  trial judge, Justice Mojisola Olatoregun adjourned the case till today,  for counsel to address the court on the admissibility of an extra judicial statement.

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