How Fayose serially took bribes from Ekiti contractors –EFCC

The Economic and Financial Crimes
Commission (EFFC) has released the
full detail of its fraud case against
Governor Ayodele Fayose of Ekiti State.
The details, contained in an affidavit
filed by the anti-graft commission,
show how N1.21 billion out of N2.26
billion paid to the account of Slyvan
Mcnamara Limited, a company linked
to the sons of the immediate past
Minister of State for Defence, Musiliu
Obanikoro, by the Office of the
National Security Adviser during the
last administration, was traced to Mr.
Fayose’s accounts in Zenith Bank.
The affidavit, which detailed how the
governor received kickbacks from Ekiti
contractors, was filed in response to a
suit instituted by the governor at a
Federal High Court in Ado-Ekiti,
seeking an order directing the EFCC to
unblock his accounts with Zenith Bank.
The EFCC had frozen the governor’s
account after it claimed the N1.21
billion was paid into the governor’s
account for the prosecution of his
election in 2014.
Tosin Owobo, an operative of the EFCC,
who deposed the written affidavit, told
the court that Babajide, one of the sons
of the former defence minister was the
principal signatory of Sylvan
Mcnamara. He explained that former
Minister Obanikoro conveyed the
money himself to Akure, Ondo State,
to Mr. Fayose.
He said prior to Mr. Obanikoro’s
arrival in Akure, Alade Oluseye, a staff
of Zenith Bank, had informed his
colleague, Lawrence Akande, that the
money was being brought through the
Akure Airport for lodgement and since
the volume of the cash was huge, he
would be needing a bullion van to
convey the money.
He said on June 17, 2014, Mr. Oluseye,
accompanied by Biodun Agbele, who
he said was fronting for Mr. Fayose,
arrived the Akure airport and took
delivery of N724,500,000.00 from Mr.
Obanikoro who was with his ADC,
Lieutenant Colonel A.O Adewale.
The EFCC official also claimed that the next day,
N494, 990,000.00 was delivered by Mr. Obanikoro in
the same manner at the airport. He said in all, Mr
Obanikoro, a former senator, conveyed N1,
219,490,000.00 through a chartered aircraft belonging
to GYRO AIR Limited with registration number:
HS125-800 5N-BMT.
According to Mr. Owobo, after Alade Oluseye, an
employee of Zenith Bank took delivery of the money
from Mr Obanikoro, on June 19, 2014, Biodun
Agbele, whom he claimed was a front for Mr.
Fayose, was instructed by the governor to deposit
N219million in cash to De-privateer Limited’s Zenith
Bank account number: 1013835889.
“On the same day the said Biodun Agbele made
another cash deposit in the sum of N300million
being part of the proceeds of crimes to the said De-
privateer Ltd’s with the 2nd Respondent,” Mr Owobo
told the court.
“On the 23rd June, 2014 the sum of N200, 000,000.00
(Two Hundred Million Naira) being part of these
proceeds of crime, was also deposited to the said De-
Privateer Ltd’s account domiciled with the
Respondent by Biodun Agbele whilst acting in
concert with the Applicant.
“On the 26th day of June,2014 the said Biodun
Agbele on the instruction of Applicant further
dissipated the proceeds of crime by depositing the
sum of N137,000,000.00 (One Hundred and Thirty
Seven Million Naira) to account No. 1003126654
domiciled with the 2nd Respondent in the name of
the Applicant.
“On the 22nd and 27th day of August, 2014 Biodun
Agbele also deposited the sum of N50, 000,000.00
(Fifty Million Naira) and N118, 760,000.00 (One
Hundred and Eighteen Million, Seven Hundred and
Sixty Thousand Naira) respectively to the said
account which sum formed part of the proceeds of
crime.
“In further dissipating the proceeds of crime
deposited and retained in the account referred to in
paragraphs (d) and (g) above, the sum of
N300,000,000.00 (Three Hundred Million Naira) was
put in a fixed deposit account No. 9013074033 in the
name of the Applicant on the 7th day of April,2015.”
Mr. Owodo told the court that on June 17, 2014, Mr.
Agbele deposited N100 million to the account of
Spotless Investment Limited, owned by Mr Fayose,
with Zenith Bank (number: 1010170969). On June 23,
2014, he also deposited N49 million to the account of
Spotless Investment.
He said there was a balance of N89, 454,765.00 in the
account before it was frozen.
Mr. Owobo revealed that during interrogation,
Messrs. Oluseye and Akande made confessional
statements about how the transactions were done.
Kickback and bribes
The EFCC also told the court that apart from the
money he allegedly received from Mr. Obanikoro,
Mr. Fayose was in the habit of collecting
gratification and kickback from Ekiti State
contractors, including Samchese Nigeria Ltd, Tender
Branch Concept Nig. Ltd, Hoff Concept Ltd, and
Calibre Consulting Ltd.
The respondent explained that Mr. Fayose received
the kickback through Still Earth Ltd and Signachorr
Nigeria Ltd and in turn instructed the companies to
acquire properties for him.
For instance, Mr. Owobo said the companies bought
properties using the name of J.J Technical Services
Limited, a company owned by Mr. Fayose and his
wife.
He added that in another instance, Mr. Fayose used
the name of his sister, Moji Ladeji, to buy a property
located at No.44, Osun Crescent Maitama Abuja.
Interim Order
Contrary to the claim by Mr. Fayose that the EFCC
arbitrarily blocked his account without a valid court
order, Mr. Owobo told the court that the commission
got an interim order from Justice Mohammed Idris
of the Federal High Court in Lagos to “prevent
further dissipation of proceed of crimes”.
“The chairman of the Economic and Financial
Crimes Commission in the exercise of his statutory
mandate contained in section 34 of the EFCC Act
having satisfied himself that the various sums of
money in the account No. 1003126654, 9013074033,
1010170969 and 1013835888 domiciled with the 2nd
Respondent were made through the commission of
the an economic and financial crimes to wit: stealing
and receiving gratification approached the Federal
High Court Lagos Judicial Division, for an order
directing the Manager of the 2nd Respondent to
freeze the said accounts.
“In his wisdom, Hon. Justice M.B Idris granted the
1st Respondent’s application wherein an order of
interim attachment was made on the aforementioned
accounts. Attached and marked exhibit EFCC 09 is a
certified true copy of the said order.
“The said order was a preservative order to prevent
further dissipation of proceeds of crimes.”
Having obtained an interim order from a court of
law, Mr. Owobi therefore argued that Mr. Fayose
could not use the court as a shield against criminal
investigation.
He further argued that while the governor’s
immunity against civil and criminal proceeding, the
proceeds of an economic and financial crimes
allegedly committed by him do not enjoy such
privilege.