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Obanikoro Narrates How Fayose Allegedly Took N1.2bn For Election

A former Minister of State for Defence, Mr Musiliu Obanikoro, on Tuesday, narrated before a Federal High Court in Lagos State how N1.2 billion was allegedly taken to former Gov Ayodele Fayose of Ekiti, using an aircraft.
Fayose is being prosecuted by the Economic and Financial Crimes Commission for alleged fraud and money laundering.
He was first arraigned on October 22, 2018, before Justice Mojisola Olatotegun alongside his company, Spotless Investment Ltd on 11 counts.
He pleaded not guilty to the charges and was granted bail on October 24, 2018, in the sum of N50 million with sureties in like sum.
The defendant was, however, re-arraigned before Justice Chukwujekwu Aneke on July 2, 2019, after the case was withdrawn from Justice Olatoregun following EFCC’s petition.
Fayose also pleaded not guilty to the charges, and was allowed to continue on the bail earlier granted.
The EFCC has since opened its case before Justice Aneke and is still leading witnesses in evidence.
In December 2021, the commission called its 11th witness, one Mrs Joanne Tolulope, who narrated how one Abiodun Agbele, said to be an associate of Fayose, allegedly bought property worth millions of Naira for the defendants.
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When the case was called on Tuesday, Mr Rotimi Jacobs (SAN) announced appearance for EFCC.
Messrs Ola Olanipekun (SAN) and Olalekan Ojo (SAN) announced appearances for the first and second defendants, respectively.
Olanipekun then called on the 12th prosecution witness, Obanikoro, to testify.
Obanikoro told the court that when he was the Minister of State for Defence, he operated a company known as Sivan Mcmera which was later utilised for purposes of security operations in Lagos.
He told the court that it was aimed at shutting out terrorists’ activities from the state, following intelligence reports.
He, however, said that before he became a minister, the said company was operated by his son.
Obanikoro testified that his son resigned as the director of the company and the operator of its bank account when it became used for security purposes.
He said that he consequently became the operator of the account.
According to him, domestic security for clandestine operations in Lagos State was also employed to shut out activities of terrorists.
Besides, the witness told the court that the security operations were funded by the Office of the National Security Adviser.
On whether he knew one late Mr Kareem Taiwo, he replied in the affirmative, adding that the said Taiwo was part of those who helped out with security operations.
When asked by the prosecution counsel to look through Exhibit E Series and explain the transaction of June 5, 2014, and how it related to the instant case, the witness told the court that there was inflow of N200 million into the account from the office of the NSA.
He told the court that although he could not recall exactly how it came in, he could see from the exhibit that there was inflow of N200 million on June 5, 2014 and N2 billion on June 16, 2014 from an impress account of the NSA.
He further told the court that he had received a call from Fayose, who was then a governorship candidate in Ekiti, asking if he had received any money from the Office of the NSA.
The witness told the court that he replied, `No’, and promised to get back to the defendant if the money arrived.
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He said that when the money eventually dropped, he informed the defendant and asked how he wanted it sent.
Obanikoro testified that Fayose indicated that part of it should be in dollars and the other in Naira.
The witness told the court that he then called Ado-Ekiti to find out from a bank if it had the the amount but was informed that the branch did not have.
He told the court that since elections were fast approaching at the time, he had to take the money by aircraft from Lagos.
He said that the money was carried in two batches.
He said that the first batch was loaded in an aircraft which conveyed him, while the remaining was loaded in another aircraft.
Obanikoro said that the total amount was N1.2 billion.
Obanikoro added that dollars were procured through a bureau de change but said he could not recall the exact amount.
He told the court that when he arrived in Akure, he saw an aide to the defendant who approached him and introduced himself.
He said that he then called Fayose on phone and he requested that the money should be handed over to the aide.
The witness told the court that he then instructed his orderly to go with the aide, while he proceeded to Ado-Ekiti to meet Fayose.
He testified that in Akure, he saw a bullion van which came to pick the money.
Obanikoro said that he met Fayose in a hotel in Ado Ekiti and told him what transpired at the airport.
The court adjourned the case until Feb. 1 for continuation of trial.
The News Agency of Nigeria reports that during trial before Olatoregun, prosecution called witnesses from several commercial banks, as well as Obanikoro.
According to the charge against Fayose, on June 17, 2014, he and Abiodun Agbele illegally took possession of N1.2 billion for purposes of funding his gubernatorial election campaign in Ekiti.
Fayose also allegedly received a cash payment of five million dollars (about N1.8 billion) from Obanikoro without going through any financial institution.
He is also charged with unlawfully retaining N300 million in a bank account and illegally taking control of about N622 million.
The EFCC alleges that the former governor reasonably ought to know that the money was part of crime proceeds.
It also alleges that the defendants procured De Privateer Ltd. and Still Earth Ltd. to illegally retain N851 million.
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It claims that Fayose used about N1.6 billion crime proceeds to acquire property in Lagos and Abuja.
The commission also charged Fayose with using N200 million 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 of 2011.
NAN
News
Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria
Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.
Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.
He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.
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“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.
He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.
“When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.
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“We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.
DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.
News
IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police
The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.
Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.
Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.
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“All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”
On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.
“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”
News
Court Orders SERAP To Pay DSS Operatives N100m For Defamation
The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.
The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.
Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.
Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.
The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.
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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.
The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.
The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.
In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..
Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.
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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.
The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.
However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.
She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.
Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.
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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.
Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.
The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.
The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.
The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.
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John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.
They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.
The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).
John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.
“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”
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They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.
The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.
“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.
“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.
“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”
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