Fayose is facing prosecution by the EFCC for alleged fraud amounting to N6.9 billion and charges of money laundering.
He was first arraigned on October 22, 2018, before Justice Mojisola Olatoregun, alongside his company, Spotless Investment Ltd, on 11 counts related to fraud and money laundering. He pleaded not guilty and was granted bail on October 24, 2018, set at N50 million with sureties of equal value.
Subsequently, Fayose was re-arraigned before Justice Chukwujekwu Aneke on July 2, 2019, after the case was reassigned from Justice Olatoregun at the EFCC’s request.
He again pleaded not guilty and was allowed to continue on his previous bail as the trial was adjourned.
The EFCC has opened its case before Justice Aneke and is currently presenting witnesses. Mr. Machleb was examined by the prosecutor, Mr. Rotimi Jacobs (SAN).
A mechanic with Samchase Nig. Ltd, Machleb testified about his company’s involvement with a third party, Azeez Michelle, in managing contracts, while denying any knowledge of property transactions related to Fayose’s case.
During his testimony, Machleb, who is not fluent in English, stated that he resides in Akure, Ondo State, and works as a mechanic for Samchase Nig. Ltd.
When asked about a company called JJ Technical Services Ltd, he confirmed his involvement, noting that he and his older brother co-founded the company.
He added that they had entrusted it to Azeez Michelle for contract solicitation.
However, when questioned about the company’s involvement in property acquisitions, he replied, “I don’t know anything about that.”
“I don’t authorize Michelle to buy property; I only told him to look for contracts for the company”.
During cross-examination by defence counsel Mr. Olalekan Ojo (SAN), the witness told the court that he did not authorize in writing, one Azeez Michelle to execute any transaction for the company, J.J Technical Services.
Ojo then asked: ‘If I give you any document that shows you authorized same will you remember”
The witness replied “Maybe I will”
Ojo then applied that a document dated Nov. 20, 2013, be shown to the witness for purposes of refreshing his memory pursuant to the provisions of section 239 of the Evidence Act.
The prosecutor did not object.
When shown the document, the witness identified his signature and admitted signing the same.
Defence counsel then tendered the evidence before the court and it was admitted and marked as exhibit A20.
On further cross-examination by Ojo, the witness told the court that JJ Technical Services authorized the said Azeez Michelle to sign and execute documents, letters, and instructions on behalf of the company.
When asked if he knew whether, on the strength of exhibit A20, Michelle executed many transactions on behalf of the company, the witness replied: ‘ No, I don’t know”
Defence counsel then called for exhibits MM1 and 2 and asked the witness if it was the first time he had seen the documents.
The witness replied: “After these issues come up.”
He added that he did not receive any document, adding that his brother only called to inform him that there was a problem in the company.
Ojo then asked: “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”.
The witness also confirmed to the court as suggested by defence counsel, that his company legitimately executes its businesses or duties.
He also told the court that his company never wrote any letter or memo to the said Michelle to find out if he knew anything about the documents MM1 and 2.
Ojo then 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”.
He also confirmed knowing Fayose was a former governor of Ekiti.
Defence counsel then asked: “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, J J never”
When asked if the defendant had ever visited his family in Lebanon, the witness replied “I don’t know”.
When asked if Michelle had been reporting to him about activities carried out concerning the document, the witness replied “he has not”
The witness also denied knowing one Biodun Agbele or having any transaction with him.
Ojo then asked the witness if he recalled going to the EFCC and he replied Yes.
When asked if the commission had shown him any document in respect of any transaction between his company and the first defendant, or his company and Biodun Agbele, the witness said: “They just show me one agreement.”
During cross-examination by the first defence counsel, Mr. Uchenna Njoku (SAN), the witness confirmed that his company had affirmed Michelle to act for it, based on trust and confidence.
He told the court that to date he had not found any reason to doubt Michelle’s integrity in acting for the company.
Justice Aneke adjourned until Oct. 18 for the continuation of the trial.
According to the charge, on June 17, 2014, Fayose and one Abiodun Agbele were said to have taken possession of the sum of N1.2 billion, for purposes of funding his gubernatorial election campaign in Ekiti, which sum they reasonably ought to have known formed part of crime proceeds.
Fayose was alleged to have received a cash payment of the sum of five million dollars, from the then Minister of State for Defence, Sen. Musiliu Obanikoro, without going through any financial institution.
He was also alleged to have retained the sum of N300 million in his account and took control of the aggregate sums of about N622 million which sum he reasonably ought to have known formed part of crime proceeds.
Fayose was alleged to have procured De Privateer Ltd and Still Earth Ltd, to retain the aggregate sums of N851 million which they reasonably ought to have known formed part of crime proceeds.
Besides, the defendant was alleged to have used the aggregate sums of about N1.6 billion to acquire properties in Lagos and Abuja, which sums he reasonably ought to have known formed part of the crime proceeds.
He was also alleged to have used the sum of N200 million, to acquire a property in Abuja, in the name of his elder sister Moji Oladeji, which sum he ought to know also forms crime proceeds.
The offences contravene the provisions of sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d), and 18 (c) of the Money Laundering Prohibition Act 2011.