Justice Mojisola Olatoregun
of the Federal High Court in Lagos yesterday threatened to order the arrest of
former Minister of State for Defence, Senator Musiliu Obanikoro, for absence
without notice to the court.
The absence of Obanikoro,
who is testifying for the Economic and Financial Crimes Commission (EFCC) in
the trial of former Ekiti State Governor Ayodele Fayose, stalled the
continuation of his cross-examination.
EFCC lawyer Rotimi Jacobs
(SAN) said Obanikoro took ill and was admitted.
“I called him yesterday
(Wednesday) to notify him about today’s (yesterday’s) proceedings. He said he
thought he would be discharged on Wednesday (when the court did not sit).
“This morning (yesterday),
I couldn’t reach him on phone. But his Special Assistant informed me that
Obanikoro was receiving treatment in the hospital,” he said.
When the judge asked for a
medical report, Jacobs submitted one given to him by Obanikoro’s aide.
But the judge appeared
unconvinced by the report.
She said Obanikoro had a
civic obligation to be in court to continue with his testimony.
“If I want to pursue it,
the medical doctor may lose his license for issuing this report. But I will
accept this because you (Jacobs) are a responsible member of the inner bar,”
Justice Olatoregun said.
Fayose’s lawyer Ola
Olanipekun (SAN) said he would have applied for a bench warrant for Obanikoro’s
arrest but urged the judge to send a warning to the witness.
Justice Olatoregun said she
would not hesitate to order Obanikoro’s arrest should he fail to appear at the
next adjourned date.
“If he fails to appear,
he’ll be sent to jail and they’ll be bringing him from there with Black Maria,”
the judge said.
In a short ruling, the
judge said he would give Obanikoro the benefit of the doubt.
She added that she hoped he
would be in court next time, failing which she would have “no choice” than to
order his arrest.
Jacobs and lawyer to
Spotless Limited, Fayose’s co-accused, Mr Olalekan Ojo (SAN), addressed the
judge on whether a statement made by the late Justin Erukaa, Obanikoro’s
associate, could be tendered.
Ojo said the statement was
relevant to the case because Erukaa made the statement in the course of the 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 $1 million and that he came
to meet him in Ekiti State.
“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 Jacobs opposed Ojo’s
bid to tender the statement, arguing that it was not admissible in law.
He said the sections Ojo
relied on were not applicable in the circumstance.
“He wants to smuggle the
statement in,” Jacobs said.
According to him, certain
conditions must be met before a statement made by a dead person could be
tendered, including that the person must have appeared in the proceedings.
Fayose is on trial for
allegedly receiving and keeping N1.2 billion and $5 million allegedly stolen
from the Office of the 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.
EFCC said Fayose and Biodun
Agbele, who is facing a different charge, allegedly took N1,219,000,000 on June
17, 2014, to fund the former governor’s 2014 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 $5 million from Obanikoro, without going through
a financial institution, the sum having exceeded the amount authorised by law.
Fayose pleaded not guilty.
Justice Olatoregun
adjourned till February 18, 19 and 20 for ruling and continuation of trial.
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