The Economic and Financial Crimes Commission called its 15th witness on Thursday in the money laundering trial of former Ekiti State Governor Ayodele Fayose.
The witness, Mr. Joseph Machleb, was led in examination by prosecutor Mr. Rotimi Jacobs (SAN).
In his examination in chief, Machleb, who is not fluent in English, informed the court that he resides in Akure, Ondo State, and works for a construction company named Samchase Nigeria Ltd. as a mechanic.
When asked if he knew a company called JJ Technical Services Ltd., he answered, “Yes.” He explained that he jointly incorporated the company with his elder brother and that they had handed it over to one Azeez Michelle to solicit contracts.
Regarding whether the company was involved in buying property, he stated, “I don’t know anything about that. I didn’t authorize Michelle to buy property; I only told him to look for contracts for the company.”
During cross-examination by defense counsel Mr. Olalekan Ojo (SAN), Machleb revealed that he had not authorized Michelle in writing to execute any transaction for JJ Technical Services. Ojo then asked, “If I give you any document that shows you authorized the same, will you remember?” The witness replied, “Maybe, I will.”
Ojo requested that a document dated November 20, 2013, be shown to the witness for the purpose of refreshing his memory, and the prosecutor did not object. Upon viewing the document, Machleb identified his signature and confirmed that he had signed it. The defense counsel then tendered the evidence before the court, which was admitted and marked as Exhibit A20.
Further cross-examination by Ojo revealed that JJ Technical Services had authorized Azeez Michelle to sign and execute documents, letters, and instructions on behalf of the company. When asked if Michelle executed many transactions on behalf of the company based on Exhibit A20, the witness replied, “No, I don’t know.”
The defense counsel presented Exhibits MM1 and MM2 and asked the witness if this was the first time he had seen these documents. Machleb responded, “After these issues come up,” and added that he had not received any document, stating that his brother only called to inform him of a problem in the company.
Ojo then inquired, “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.”
Machleb confirmed that his company legitimately executes its business duties and stated that they never wrote any letter or memo to Michelle to inquire whether he knew anything about documents MM1 and MM2.
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,” and confirmed having knowledge of Fayose being a former governor of Ekiti.
The defense counsel then suggested, “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, JJ never.” When asked if the defendant had ever visited his family in Lebanon, the witness responded, “I don’t know.” He also denied knowing one Biodun Agbele or having any transaction with him.
Ojo then asked the witness if he recalled going to the EFCC, to which he replied yes. When asked if the commission had shown him any document regarding any transaction between his company and the first defendant or between his company and Biodun Agbele, the witness said, “They just showed me one agreement.”
During cross-examination by the first defense counsel, Mr. Uchenna Njoku (SAN), the witness confirmed that his company had authorized Michelle to act for it based on trust and confidence, stating that he had not found any reason to doubt Michelle’s integrity to act for the company.
The court adjourned until October 18 for the continuation of the trial. Fayose is being prosecuted by the EFCC over an alleged N6.9 billion fraud and money laundering charges. He was first arraigned on October 22, 2018, before Justice Mojisola Olatoregun, alongside his company, Spotless Investment Ltd., on 11 counts of fraud and money laundering offenses. 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.
Fayose 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 again pleaded not guilty and was allowed to continue on the earlier bail granted while the case was adjourned for trial.
The EFCC 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 N1.2 billion to fund his gubernatorial election campaign in Ekiti, alleging that this sum formed part of the proceeds of crime.
The EFCC also alleges that Fayose 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. Furthermore, the commission claims that the former governor retained N300 million in his bank account and took control of about N622 million, which also formed part of the crime proceeds.
Additionally, it is alleged that Fayose procured De Privateer Ltd. and Still Earth Ltd. to retain aggregate sums of N851 million, which were part of crime proceeds. The former governor is accused of using about N1.6 billion in crime proceeds to acquire property in Lagos and Abuja, including using N200 million in crime proceeds to acquire a property in Abuja in the name of his elder sister, Moji Oladeji.
These alleged offenses contravene Sections 15(1), 15(2), 15(3), 16(2)(b), 16(d), and 18(c) of the Money Laundering Prohibition Act, 2011.