*Traces looted N1. 299b looted funds to Fayose
*Exposes Ekiti governorâ€™s hidden mansion in Abuja
*Shows how Governor used kickbacks from contractors to buy properties
By Olaolu Oladipo, Lagos.The Economic and Financial Crimes Commission (EFCC) has opened up on the elaborate corruption scheme being carried out by Ekiti State Governor, Mr. Ayodele Fayose.
The disclosures were contained in an affidavit deposed to by an Investigating Officer of the EFCC, Tosin Owobo in the Federal High Court, Ado-Ekiti on Tuesday.
The affidavit revealed details of how the EFCC traced the arms purchase funds from the Office of the National Security Adviser, Col Sambo Dasuki (rtd) to the accounts of Fayose.
It also shows how the sum of N1, 299,490,000 was wired into Governor Ayodele Fayoseâ€™s accounts by one of his associates, Abiodun Agbele who collected the slush funds from a former Minister of State for Defence, Mr. Musiliu Obanikoro.
According to the EFCC, Obanikoro ferried the cash to Akure Airport in a chartered aircraft with Registration No: HS125-800 5N-BMT belonging toÂ Gyro Air Limited and that about the sum of N300million was put in a fixed deposit account No. 9013074033 in the name of Fayose on the 7th day of April, 2015.
It however added that Agbele retained N263million on the instruction of the governor.
The anti-graft agency also uncovered a mansion in Abuja which Fayose bought in the name of his sister, Mrs. Moji Ladeji after collecting kickbacks some contractors with the Ekiti State Government, including Samchese Nigeria Ltd, Tender Branch Concept Nig. Ltd, Hoff Concept Ltd, Calibre Consulting Ltd.
The said mansion is located at No.44, Osun Crescent Maitama Abuja, one of the posh districts in the Federal Capital Territory.
Others linked to either the movement and sharing of the slush funds include Ibrahim Babajide Obanikoro; ex-Ministerâ€™s company, Sylvan Mcnamara Limited;Â two staff of Zenith Bank Staff, Mr. AladeÂ and Mr.Lawrence Akande;Â Lieutenant Colonel A.O Adewale;Â Fayoseâ€™s company, Spotless Investment Ltd; Gyro Air Limited and De-Privateer Limited, which is owned by Fayoseâ€™s associate, Agbele.
The affidavit was in response to an application by Fayose to the court praying for the de-freezing of his accounts by the EFCC.
The anti-graft commission said it took action after â€œreceiving an oral damning intelligence report showing that the 2nd Respondent herein (Zenith Bank) was in custody and in fact had in its possession the sum of N1, 299,490,000.00.â€
The affidavit reads in part:Â â€œThat contrary to the paragraphs 5-16 of the Applicant’s Affidavit in support of the Originating Summons, I know as a fact that the 1st Respondent received an oral damning intelligence report showing that the 2nd Respondent herein was in custody and in fact had in its possession the sum of N1, 299,490,000.00 (One Billion, Two Hundred and Ninety Nine Million, Four Hundred and Ninety Thousand Naira) being proceeds of economic and financial crimes.
â€œThat upon the receipt of this intelligence, the Commission analyzed it and found same to be worthy of investigation.
â€œThat so far our investigation has revealed as follows: That between the 5th and 17th day of June, 2014 the former state Minister of Defence, Mr. Musiliu Obanikoro, in grand conspiracy with the Applicant and the former National Security Adviser Col. M.S Dasuki (RTD) fraudulently removed the sum of N2,260,000,000.00 from the account of the office of National Security Adviser which sum was fraudulently transferred to a company known as Sylvan Mcnamara Limited with account No. 0026223714 domiciled with Diamond Bank Plc. Attached and marked Exhibit EFCC 01 is copy of the mandate of the account belonging to Sylvan Mcnamara Limited and the extract of inflows from the Office of the National Security Adviser to the said account.
â€œ That the principal signatory to this account is one Ibrahim Babajide Obanikoro, the son of the said former State Minister of Defence Mr. Musiliu Obanikoro.
â€œThat on the receipt of these proceeds of crime, Mr. Musiliu Obanikoro, fraudulently conveyed the sum of N1,219,490,000.00 (One Billion, Two Hundred and Nineteen Million, Four Hundred and Ninety Thousand Naira) to Akure to the use of the Applicant.
â€œThat before the conveyance of the funds to Akure Airport Mr. Musiliu Obanikoro, one Mr. Alade Oluseye a staff of the 2nd Respondent (Zenith Bank) was informed by his colleague in the bank, Lawrence Akande, that a particular customer of the 2nd Respondent will be bringing cash to the Akure Airport for lodgment and that since the volume of the cash is quite heavy, there will be a need for the said Alade Oluseye to use the 2nd Respondent’s Bullion Van to convey the cash.
â€œThat on the 17th day of June, 2014 Mr. Alade Oluseye in the company of one Abiodun Agbele a front of the Applicant, went to the Akure Airport wherein they took cash delivery of the sum of N724,500,000.00 from Senator Musiliu Obanikoro and his acclaimed Aide-de-Camp Lieutenant Colonel A.O Adewale.
â€œThat on the 18th day of June, 2014 another sum of N494, 990,000 was also delivered to Mr. Alade Oluseye by the said Minister in the same manner.
â€œ That the total sum of N 1, 219,490,000 (One Billion, Two Hundred and Nineteen Million, Four Hundred and Ninety Thousand Naira) was conveyed to Akure Airport by Senator Obanikoro through a chartered aircraft with Registration No: HS125-800 5N-BMT belonging to Gyro Air Limited.â€
The EFCC also confirmed how Fayose instructed his associate, Agbele to transfer the N1, 299,490,000.00 into various accounts.
The commission added: â€œThat on the 19th day of June,2014, after Mr. Alade Oluseye took delivery of the money being the proceeds of crime, Mr. Abiodun Agbele the front of the Applicant, received an instruction from the Applicant to collect the money and made cash deposit in the sum of N219,000,000.00 to De-privateer Ltd account No. 1013835889 domiciled with the Zenith Bank Plc. Attached and Marked exhibit EFCC 02 is a copy of the statement of account of DE- Privateer Ltd domiciled with the 2nd Respondent.
â€œThat on the same day the said Abiodun 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(Zenith Bank)
â€œThat on the 23rd June, 2014 the sum of N200million 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.
â€œThat 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 N137,000,000.00Â to account No. 1003126654 domiciled with the 2nd Respondent in the name of the Applicant. Attached and marked exhibit EFCC 03 is a statement of account of the said account domiciled with the Respondent.
â€œThat on the 22nd and 27th day of August, 2014 Biodun Agbele also deposited the sum of N50, 000,000.00 and N118, 760,000.00 respectively to the said account which sum formed part of the proceeds of crime.
â€œThat 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 was put in a fixed deposit account No. 9013074033 in the name of the Applicant on the 7th day of April,2015. Attached and marked as exhibit EFCC 04 is a copy of the statement of the said account.
â€œThat this N300, 000,000.00 (Three Hundred Million Naira) is still in the account. That on the 17th day of June, 2014 the same Abiodun Agbele made another cash deposit in the sum of N100,000,000.00 being part of this proceeds of crime to a company known as Spotless Investment Ltd with account No. 1010170969 domiciled with the 2nd Respondent. Attached and marked as exhibit EFCC 05 is a copy of the statement of account of the said spotless investment Ltd.
â€œThat on the 23rd day of June, 2014 the sum of N 49,000,000.00 (Forty Nine Million Naira) being part of the proceeds of crime was also deposited to the said Spotless Investment Ltd Account with the Respondent.
â€œThat there is still a balance of N89, 454,765.00 in this account being part of the proceeds of the crime.
â€œ That the said Abiodun Agbele whilst acting in concert with Alade Oluseye of the 2nd Respondent and the Applicant, after fraudulently receiving the sum of N1, 219,490,000.00 (One Billion, Two Hundred and Nineteen Thousand, Four Hundred and Ninety Thousand Naira) from Senator Obanikoro also fraudulently retained cash in the sum of N263, 000,000.00 (Two Hundred and Sixty Three Million Naira) on the instruction of the Applicant.
â€œThat we have interviewed Mr. Alade Oluseye Sunday and his colleague Lawrence Akande and have informed us in writing about how these transactions were conducted. Attached and marked exhibit EFCC 06 and 07 are copies of their statements.â€
The anti-graft agency said it has also uncovered how Fayose received kick-backs from some contractors with the Ekiti State Government including Samchese Nigeria Ltd, Tender Branch Concept Nig. Ltd, Hoff Concept Ltd, Calibre Consulting Ltd.
Some of the bribe sums were used to buy a property at No. 44, Osun Crescent, Maitama, Abuja in the name of Mrs. Moji Ladeji ( Fayoseâ€™s sister)
The EFCC added: â€œThat apart from fraudulently retaining the sum of N1, 219,490,000.00 being part of the N4, 745,000,000.00 stolen from the treasury of the Federal Government through the office of the National security Adviser, the Applicant(Fayose) has also received gratification in form of kick back from various contractors with the Ekiti State Government such as Samchese Nigeria Ltd, Tender Branch Concept Nig. Ltd, Hoff Concept Ltd, Calibre Consulting Ltd.
â€œThat the Applicant received these kick-backs and gratification through Still Earth Ltd and Signachorr Nigeria Ltd.
â€œThat in turn the Applicant (Fayose) instructed the Still Earth Ltd and Signachoor Nigeria Ltd to use the funds to acquire properties for him.
â€œ That in complying with the Applicant’s instruction, Still Earth Ltd and Signachoor Nigeria Ltd acquired properties on behalf of the Applicant in the name of company known as J.J. TECHNICAL SERVICES LTD belonging to the Applicant and his wife. Attached and marked Exhibit EFCC 08 are copies of the deeds of assignment for the said properties.
â€œThat the Applicant also used the name of one Mrs. Moji Ladeji (the Applicant’s sister) to acquire a property situate at No.44, Osun Crescent Maitama Abuja from the proceeds of the alleged offences of receiving gratification and kick.â€
The EFCC said it decided to freeze the accounts of Fayose in line with its mandate in line with Section 34 ofÂ its Establishment Act.
It also said it followed due process in freezing the accounts by applying to a court for an order of interim attachment.
TheÂ commission said: â€œThat 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.
â€œThat 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.
â€œ That the said order was a preservative order to prevent further dissipation of proceeds of crimes.
â€œ That I was informed by Rotimi Oyedepo Iseoluwa of counsel in our office, 15A, Awolowo Road, Ikoyi Lagos at about 8:40 PM on the 2nd day of July,2016 and I verily believe him as follows:
â€œThat the 1st Respondent is statutorily empowered to investigate all economic and financial crimes in Nigeria.
â€œ That it is within the statutory powers of the 1st Respondent to preserve exhibits and proceeds of economic and financial crimes during investigation for possible prosecution.
â€œ That the 1st Respondent(EFCC) has statutory power to investigate the Applicant. That the 1st Respondent has not encountered the Applicant by instituting any proceeding against him.
â€œThat the Applicant cannot use this Honourable Court as a shield against criminal investigation. That the order of interim attachment was neither directed at nor instituted against the Applicant.
â€œThat whilst the Applicant enjoins immunity against civil and criminal proceeding being a serving governor, proceeds of an economic and financial crimes allegedly committed by the Applicant do not enjoy such privilege.
â€œThat the 1st Respondent has the power to direct the 2nd Respondent to place a stop order on any account if it discovered in the course of its duties that such accounts are suspected to be involved in any crimes. That the Applicant will not be prejudiced should this application be dismissed.
â€œThat it will serve the course of justice to refuse this originating summons.. That I make this counter affidavit in good faith knowing and believing the facts deposed herein to be true and correct and in accordance with the Oaths Act of Nigeria.â€