The Economic and Financial Crimes Commission, EFCC, on Friday, July 19, 2024, presented its 14th prosecution in its trial of a former governor of Ekiti state, Ayodele Fayose over alleged fraud.
The witness, a former Director of Administration and Finance, Office of the National Security Adviser, Sahibu Salisu was called to the stand in the trial of alleged N6.9bn fraud involving the former governor and his company, Spotless Investment Limited before Justice Chukujekwu Aneke of the Federal High Court sitting in Ikoyi, Lagos.
The Lagos Zonal Command of the EFCC had, on Tuesday, July 2, 2019, re-arraigned Fayose and Spotless Investment Limited on an 11-count charge bordering on money laundering and stealing to the tune of N6.9bn.
The defendants had first been arraigned on October 22, 2018 before Justice Mojisola Olatoregun.
At the resumed sitting on Friday, Salisu told the court how he paid the sum of N200m and another N2billion to a firm, Sylvan MacNamara, for security purposes on the instruction of a former National Security Adviser, Col. Sambo Dasuki (rtd).
Led in evidence by the prosecution counsel, Rotimi Jacobs, SAN, the PW14 , who disclosed that he served as the Director of Administration and Finance between 2011 and 2015, explained the process of payment, saying, “Once the NSA gave approval for payment, we processed it accordingly. The payments we made were mainly for operational activities.”
When asked to state the roles of the NSA Office, he said: “The roles of the NSA Office are purely about the security of the entire country. And any money expended on security was expected to be retired.”
When shown a document tagged Exhibit S, which was the payment voucher raised for the fund, he said: “It is the payment mandate raised by me as the Director of Administration and Finance on the NSA’s instruction. The first figure was N200 million in favour of Sylvan McNamara and it was paid to the company’s Diamond Bank account. It was the NSA who gave me the account details.”
He said though the NSA did not tell him the purpose for which it was meant, the memo raised and the mandate payment showed it was for physical security infrastructure. “All the payments made from the Office of NSA were supposed to be for security activities and security structures,” he said.
When asked who signed the payment mandate, he said: “I will sign my own part as signatory B. “Thereafter, I would take it to the NSA for final signature, which was approval. Then, I would take the mandate to the Central Bank of Nigeria for payment.”
Giving further testimony on the exhibit S, he said the former NSA and him appended their signatures on it. According to him, the payment was made and there should be retirement, after the purpose for which money was paid for had been completed. He, however, stated that “ Up till I left the office, I could not say whether or not the money was retired.”
When asked about the exhibit S1, which was payment to Sylvan McNamara to the tune of N2 billion dated June 13, 2014, he said: “We paid the amount of N2 billion to Sylvan McNamara on the instruction of the NSA. I was not a signatory to this account, so I am not in a position to know whether it was retired after payment. The NSA and former Permanent Secretary, Mr. Ibrahim Mahe, would be able to know whether it was retired or not”.
Salisu, under cross-examination by the counsel to the first defendant, Ola Olanipekun, SAN, testified that all payments made by the NSA office were made through the bank and they had to raise the mandate before it was done.
When asked if the former NSA told him that the N200m and N2bn were for security purposes, he said: “No. The NSA never informed me that the money was for security purposes and the NSA never complained about this payment.”
During cross-examination by the counsel to the second defendant, Olalekan Ojo, SAN, Salisu testified that he was familiar with financial regulations, adding that “In relation to retirement, once money is given to a recipient, you are supposed to bring the receipt of what you have been asked to supply with a memo attached to it. That is the retirement of such a fund-the financial regulations only apply to public servants.”
According to him, the schedules of his duties did not extend to security matters.
When asked if he knew what made the former NSA to first approve the payment of N200million and subsequently N2 billion for Sylvan McNamara, he said: “As I said earlier, all payments in the office of the NSA are for security purposes”. Also, when asked if he made a statement to the EFCC when he was invited during investigation, he said, “Yes”.
Thereafter, Ojo tendered the statement of the witness and was admitted by the court as exhibit A19. The witness also confirmed to the court that no one ever queried the instructions of the NSA.
Counsel to the first defendant, Ola Olanipekun, SAN, made an application before the court, seeking the permission of the court to allow his client travel abroad on health grounds. There was no objection from the prosecution counsel.
In his ruling, Justice Aneke granted Olanipekun’s request to enable his client travel abroad for medical check and the case was adjourned to October 18, 2024 for continuation of trial.
