The Federal High Court in Lagos
on Monday admitted in evidence a statement made by the late Justin Erukaa, a
former Personal Assistant of ex-Minister of State for Defence Senator Musiliu
Obanikoro.
Justice Mojisola Olatoregun held
that the statement was admissible in law.
Obanikoro was testifying for the
Economic and Financial Crimes Commission (EFCC) in the trial of former Ekiti
State Governor Ayo Fayose.
Counsel for Spotless Limited,
Fayose’s co-accused, Mr Olalekan Ojo (SAN), had during proceedings on February
7 urged the judge to admit the statement in evidence.
He said the statement was
relevant to the case because Erukaa made it in the course of EFCC’s
investigation.
“In law, the first litmus test of
admissibility is relevance. Obanikoro said in his testimony that he sent Erukaa
on errands, including to collect over $1million and that he came to meet him in
Ekiti.
“In law, a statement made to the
EFCC in the course of investigation is admissible in evidence without the maker
being called as witness or being a party to proceedings.
“It is not the law that a
document which is not tendered through the maker is not admissible,” the SAN
said, relying on sections 39 and 83 of the Evidence Act.
But, prosecuting counsel Rotimi
Jacobs opposed Ojo’s bid to tender the statement, arguing that it was not
admission in law.
He said the sections relied on by
Ojo were not application in the circumstances.
But the judge overruled Jacobs
yesterday, holding that Sections 39 and 49 of the Evidence Act make such a
document admissible.
She said the issue was what
weight the court would attach to the statement, which was the court’s to determine.
Fayose is on trial for allegedly
receiving and keeping N1.2billion and $5million allegedly stolen from the
Office of National Security Adviser (ONSA) contrary to the Money Laundering
Act.
He pleaded not guilty when he was
arraigned on an 11-count charge last October 22.
Under cross examination
yesterday, Obanikoro reiterated that three were no records of the money sent
from ONSA.
“We’re dealing with security
issues. It can be called anything just to protect the transactions. They can be
characterised as anything,” he said.
He said there was no contract
awarded before the fund was transferred, adding that he supervised Sylvan
Mcnamara Ltd’s account from which the fund was disbursed.
He said funds paid into the
account were for the security of Lagos, and for election purposes in Ekiti and
Osun states.
“I only took supervisory
responsibility of the account during the transactions for Lagos, Ekiti and
Osun.
“No contract was signed. Matters
of election can be matters of security. Political matters can also be
security-related,” Obanikoro said.
Asked if he would be surprised
that the ONSA denied paying N2.2billion to Sylvan Mcnamara’s account, Obanikoro
said: “I won’t be surprised.”
EFCC said Fayose and Biodun
Agbele, who is facing a different charge, allegedly took possession of N1,
219,000, 000 on June 17, 2014 to fund the former governor’s 2014 gubernatorial
campaign.
The commission said Fayose
“reasonably ought to have known” that the money “formed part of the proceeds of
an unlawful act, to wit: criminal breach of trust/stealing.”
EFCC said Fayose, on the same
day, received cash payment of $5million from Obanikoro, without going through a
financial institution, the sum having exceeded the amount authorised by law.
Fayose pleaded not guilty.
Trial continues Tuesday.
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