The Economic and Financial Crimes Commission (EFCC), on Thursday, called its 15th witness in the money laundering trial of a former Governor of Ekiti State, Ayodele Fayose.
The witness, Joseph Machleb, was led in examination by the prosecutor, Rotimi Jacobs (SAN). In his examination in chief, on Thursday, the witness who is not fluent in the English language told the court that he lived in Akure, Ondo State. He told the court that he works for a construction company known as Samchase Nigeria Ltd., as a mechanic.
When asked if he knew a company called JJ Technical Services Ltd., he answered Yes. He told the court that the company was jointly incorporated by himself and his elder brother. He also told the court that they handed over the company to one Azeez Michelle to solicit contracts for the company.
When quizzed on whether the company was involved in buying property, he said, “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 told 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 then applied that a document dated November 20, 2013, be shown to the witness for purposes of refreshing his memory pursuant to the provisions of Section 239 of the Evidence Act. The prosecutor did not object.
When shown the document, the witness identified his signature and admitted signing the same. The defence counsel tendered the evidence before the court and it was admitted and marked as Exhibit A20.
On further cross examination by Ojo, the witness told the court that JJ Technical Services authorised the said Azeez Michelle to sign and execute documents, letters and instructions on behalf of the company. When asked if he knew whether, on the strength of Exhibit A20, Michelle executed many transactions on behalf of the company, the witness replied: "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 added 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 the said Michelle to find out if he knew anything about the 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 having knowledge of Fayose being 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.”
When asked if the defendant had ever visited his family in Lebanon, the witness replied: “I don’t know.” When asked if Michelle had been reporting to him about activities carried out with respect to the document, the witness said no.
The witness also denied knowing one Biodun Agbele or having any transaction with him. Ojo then asked the witness if he recalled going to the EFCC and he replied yes. When asked if the commission had shown him any document in respect of any transaction between his company and the first defendant, or his company and Biodun Agbele, the witness said: “They just showed me one agreement.”
During cross-examination by the first defence counsel, Uchenna Njoku (SAN), the witness confirmed that his company had affirmed Michelle to act for it, based on trust and confidence. He told the court that to date he had not found any reason to doubt Michelle’s integrity in acting for the company.
The court, however, adjourned until October 18 for the continuation of the trial.Fayose is being prosecuted by the EFCC over an alleged ₦6.9 billion fraud and money laundering charges. He was first arraigned on October 22, 2018, before Justice Mojisola Olatotegun, alongside his company, Spotless Investment Ltd., on 11 counts bordering on fraud and money laundering offences.
He had pleaded not guilty to the charges and was granted bail on October 24, 2018, in the sum of ₦50 million with sureties in like sum. The defendant, however, was re-arraigned before Justice Chukwujekwu Aneke, on July 2, 2019, after the case was withdrawn from Justice Olatoregun, following the EFCC’s petition.
He had also pleaded not guilty to the charges and was allowed to continue on the earlier bail granted, while the case was adjourned for trial. The commission has since opened its case before Justice Aneke and is still leading witnesses in evidence.
According to the commission, on June 17, 2014, Fayose and one Abiodun Agbele took possession of ₦1.2 billion to fund his gubernatorial election campaign in Ekiti. The commission alleged that the sum formed part of the crime proceeds.
The EFCC has since opened its case before Aneke and is a leading witness in evidence. According to the commission, on June 17, 2014, Fayose and one Abiodun Agbele took possession of ₦1.2 billion to fund his gubernatorial election campaign in Ekiti.
The commission alleged that the sum formed part of the crime proceeds. 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 ₦300 million in his bank account and took control of the aggregate sums of about ₦622 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 ₦851 million, which formed 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.