THE Federal High Court in Lagos, listened to the 13th prosecution witness, Abubakar Madaki, a former operative of the Economic and Financial Crimes Commission (EFCC), testify before Justice Chukwujekwu Aneke in the ongoing trial of former Governor of Ekiti State, Ayodele Fayose.
Madaki informed the court that Fayose did not personally conduct any of the financial transactions relevant to the charges brought against him.
Fayose and his company, Spotless Investment Ltd, being prosecuted by the EFCC, faces 11 counts of fraud and money laundering.
Previous proceedings on April 25, 2024, were delayed due to Justice Aneke’s official absence, leading to an adjournment to July 1 for the trial to resume.
During today’s session, prosecutor Rotimi Jacobs (SAN) called the witness Madaki to the stand for cross-examination.
The defense counsel, Olalekan Ojo (SAN), requested exhibit D12 and asked Madaki to confirm if any transactions relevant to the charges were personally conducted by Fayose.
Madaki affirmed that there were no such transactions.
Furthermore, Madaki clarified that his observations were made during the investigative process and were based on information gathered during the investigations.
He confirmed that his conclusions and findings presented to the court stemmed from facts provided by individuals involved in or witnessed the transactions, as well as documents retrieved during the investigation.
When defence counsel questioned the witness to confirm whether Erukaa was in Abuja on the same day that another prosecution witness, Senator Musiliu Obanikoro, was said to be in Abuja.
The prosecution counsel objected, saying that the witness could not be forced to give evidence on an extra judicial statement of a deceased man that was simply tendered.
The late Justin Erukaa, who is not named in the lawsuit, was a Special Assistant to Fmr Governor Fayose.
In response to questioning about whether Fayose confirmed receipt of any money from Obanikoro, the witness stated that there was no document of acknowledgement.
Under further cross-examination by the first defence counsel, Senior Advocate of Nigeria, Ola Olanipekun, the witness was asked to reaffirm his previous testimony that the then-National Security Adviser (NSA) transferred N4.6 billion to one Sivan Macnamara.
When questioned about funds transferred from the National Security Adviser to Sivan Madnamara, intended for Fayose, Madaki clarified that the money was not directly transferred but provided in cash to avoid detection of its source.
Defence counsel then said: “You said payment was made from the NSA to Sivan Madnamara and that part of the money was meant to be transferred to the first defendant.
“I never said transfer, I said it was meant for the first defendant,” said the witness.
The defence counsel asked if he had investigated why a transfer was not made to the first defendant if actually the funds were meant for him.
The witness replied: “Questions were asked and investigations showed that it was meant to disguise the source of the money; so, it was given by cash to avoid traces.”
Justice Aneke adjourned the trial to July 19 for further proceedings.
