The Federal High Court sitting in Lagos on Monday heard evidence from the 13th prosecution witness in the trial of former Ekiti State Governor, Ayodele Fayose, who is facing charges of alleged N6.9bn fraud and money laundering.
The witness, a former operative of the Economic and Financial Crimes Commission (EFCC), Abubakar Madaki, testified before Justice Chukwujekwu Aneke, stating that Fayose did not personally conduct any of the financial transactions relevant to the charges.
Fayose and his company, Spotless Investment Ltd, are being prosecuted by the EFCC on 11 counts. The proceedings were previously stalled on April 25, 2024, due to Justice Aneke’s absence for an official assignment. The trial resumed on July 1.
During the resumed trial, the prosecutor, Rotimi Jacobs (SAN), called Madaki to continue his cross-examination. Under questioning from the second defence counsel, Olalekan Ojo (SAN), the witness confirmed there were no transactions relevant to the charges made personally by Fayose.
Ojo also asked if Madaki recalled telling the court that he did not witness any of the transactions in the case. The witness responded that his statements were based on the investigation.
When asked if his findings were based on facts provided by those who saw or participated in the transactions, Madaki confirmed this, adding that documents recovered during the investigation supported his conclusions.
The defence further questioned the witness about a statement from a person named “Erukaa.” Madaki confirmed that a statement was taken from Erukaa during the investigation. When asked if Erukaa was in Abuja on the same day another prosecution witness, Senator Musiliu Obanikoro, claimed to be there, the prosecution counsel objected, stating that the witness could not testify on the statement of a deceased person not listed in the case.
Erukaa, who was a special assistant to Fayose, had passed away.
In relation to the alleged receipt of dollars by Fayose from Obanikoro, the witness stated that no acknowledgment document existed.
Under further cross-examination by the first defence counsel, Senior Advocate of Nigeria Ola Olanipekun, Madaki confirmed that N4.6 billion was transferred by the then National Security Adviser (NSA) to Sivan Macnamara.
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He clarified that the funds were transferred from the NSA’s Impress account to the Diamond Bank account of Sivan Macnamara, and that the money intended for Fayose was given in cash to avoid traces.
When asked if he confirmed whether the funds were the proceeds of drugs, Madaki replied that they were not.
Justice Aneke adjourned the continuation of the trial to July 19.
