₦airaland Forum

I pity Fayose.

Please take your time and read this COUNTER AFFIDAVIT to see how hopeless those supporting Fayose are at the moment.

Also note that the text was read under OATH by an EFCC investigator.

Even his counsel was shocked when he saw damning Counter Affidavit.

Text of the counter-affidavit:

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE EKITI JUDICIAL DIVISION

HOLDEN AT EKITI

SUIT NO: FHC/AD/CS/27/2016

BETWEEN:

MR. AYODELE FAYOSE

(GOVERNOR OF EKITI STATE)…………………………. APPLICANT


AND


THE ECONOMIC AND FINANCIAL CRIMES COMMISSION }

ZENITH BANK PLC } RESPONDENTS


THE 1ST RESPONDENT COUNTER AFFIDAVIT IN OPPOSITION TO THE APPLICANT’S ORIGINATING SUMMONS DATED THE 23RD DAY OF JUNE, 2016.


I, Tosin Owobo, Male, Christian, Nigerian and an Investigating Officer of the Economic and Financial Crimes Commission, 15A, Awolowo Road, Ikoyi, Lagos do solemnly and sincerely make oath and state as follows:


That I am one of the operatives of the Economic and Financial Crimes Commission assigned to investigate this ma.


That I have the consent and authority of the Chairman, Economic and Financial Crimes Commission to depose to this counter affidavit in opposition to this originating summons.


That by virtue of my position as one of the Investigating Officer assigned to investigate this matter; I am well conversant with the fact of this case, having derived my knowledge of same in the course of my investigations.


That 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 2ndRespondent 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.


That upon the receipt of this intelligence, the Commission analysed it and found same to be worthy of investigation.


That 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 (Two Billion, Two Hundred and Sixty Million Naira) from the account of the office of National Security Adviser which sum was fraudulently transferred to a company known as SYLVAN MCNAMARA LTD 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 LTD and the extract of inflows from the Office of the National Security Adviser to the said account.


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.


That 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.


That before the conveyance of the funds to Akure Airport Mr. Musiliu Obanikoro, one Mr. Alade Oluseye a staff of the 2nd Respondent 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.


That on the 17th day of June, 2014 Mr. Alade Oluseye in the company of one Biodun 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 Aid de camp Lieutenant Colonel A.O Adewale.


That 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 man.

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 Air port by Senator Obanikoro through a chattered aircraft with Registration No: HS125-800 5N-BMT belonging to GYRO AIR LTD.


That on the 19th day of June,2014, after Mr. Alade Oluseye took delivery of the money being the proceeds of crime, Mr. Biodun 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 (Two Hundred and Nineteen Million Naira) 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.


That on the same day the said Biodun Agbele made another cash deposit in the sum of N300,000,000.00 (Three Hundred Million Naira) being part of the proceeds of crimes to the said De- privateer Ltd’s with the 2nd Respondent.


That on the 23rd June, 2014 the sum of N200, 000,000.00 (Two Hundred Million Naira) 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.


That 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 N137,000,000.00 (One Hundred and Thirty Seven Million Naira) 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.


That on the 22nd and 27th day of August, 2014 Biodun Agbele also deposited the sum of N50, 000,000.00 (Fifty Million Naira) and N118, 760,000.00 (One Hundred and Eighteen Million, Seven Hundred and Sixty Thousand Naira) respectively to the said account which sum formed part of the proceeds of crime.


That 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 (Three Hundred Million Naira) 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.


That this N300, 000,000.00 (Three Hundred Million Naira) is still in the account.


That on the 17th day of June, 2014 the same Biodun Agbele made another cash deposit in the sum of N100,000,000.00 (One Hundred Million Naira) 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.


That 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.


That there is still a balance of N89, 454,765.00 (Eighty Nine Million, Four Hundred and Fifty Four Thousand, Seven Hundred and Sixty Five Naira) in this account being part of the proceeds of the crime.


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.


That 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.


That apart from fraudulently retaining the sum of N1, 219,490,000.00 (One Billion, Two Hundred and Nineteen Thousand, Four Hundred and Ninety Thousand Naira) being part of the N4, 745,000,000.00 (Four billion, Seven Hundred and Forty Five Million Naira) stolen from the treasury of the Federal Government through the office of the National security Adviser, the Applicant 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.


That the Applicant received these kick backs and gratification through Still Earth Ltd and Signachorr Nigeria Ltd.


That in turn the Applicant instructed the Still Earth Ltd and Signachoor Nigeria ltd to use the funds to acquire properties for him.


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.


That 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.


That 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.


That 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.


That the said order was a preservative order to prevent further dissipation of proceeds of crimes.


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:


That the 1st Respondent is statutorily empowered to investigate all economic and financial crimes in Nigeria.


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.


That the 1st Respondent has statutory power to investigate the Applicant.


That the 1st Respondent has not encountered the Applicant by instituting any proceeding against him.


That the Applicant cannot use this Honourable Court as a shield against criminal investigation.


That that the order of interim attachment was neither directed at nor instituted against the Applicant.


That 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


That 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.


That it will serve the course of justice to refuse this originating summons.

source : http://saharareporters.com/2016/07/05/efcc-counter-affidavit-shows-how-obanikoro-transferred-nsa-billions-fayose-and-how

cc Seun, lalastical, mynd44

and he's yet to understand wats on ground 4 him, I Pity Him

Smh!

Ok

Where are his defender?

this man wills on know what befell on him when the courts hearing starts



it he thinks his agbero style would save him

Those defending him should better advise him to forgo the funds left over in the 3 Zenith Bank accounts.

His former Co-traveller, Dr Tope Aluko added another bomb shell when he revealed on Adana FM radio station that all the campaign funds came through Obanikoro (who got it from the Office of the NSA).
That Zenith Bank actually contributed N200 million - but only AFTER the election has taken place (Ayo Fayose had "won")

So EFCC even got a court order to earlier freeze the accounts. And some dumb-heads were abusing this hardworking agency.

Thumbs up to the EFCC. Continue the good works.

Only senseless wailers will still continue to support this crook. The evidence is damning.

Someone illegally got money from the office of the NSA, and people are still screaming that he should be allowed to continue spending the money just to spite the ruling govt.

They seriously need to have their heads examined.

In more civilised climes, this Fayose would have been forced to resign, if he refused to willingly resign.

Imagine, a state governor, owing workers and pensioners months of unpaid benefits, actually has hundreds of millions he illegally acquired in his accounts, and some mofos are still saying the accounts should be unfrozen.


Accounts should be unfrozen for him to enjoy his loots while the populace are subjugated through poverty?? Why am I even in this country of dunces sef.

This seems to be the strategy of some of our evil political class. It's not even a PDP/APC thing as one self declared principality in Lagos is also doing something similar.

This guy instead to pay salaries, prefers to be giving out chickens that looks kwashiokored to just 5% of the population of the state, but gives the event 100% media coverage to appear generous and kind hearted. WHEREAS, he actually has millions stacked somewhere for himself and his sons.

His online unemployed/underemployed dumbies keep singing his praises, while Fayose's sons are enjoying the money meant to equip troops fighting a war in the NE.

Chai, this Fayose needs to be stoned!

You see how these politicians dey spend our money!

Lalasticlala, Mynd44, OAM4J where art thou??

Una sef....


The hungry looking ekiti youths said their governor should not be prosecuted.


My advice, leave the misguided youths to enjoy their governor.


He can feed fat on the state resources for all i care

Breeze don open fowl nyash

blazetitov:
Only senseless wailers will still continue to support this crook. The evidence is damning.

Only mentally demented human beings would judge Fayose (even in the face of EFCC "evidence" without giving conscientious consideration to his defence.

OLADD:
Only mentally demented human beings would judge Fayose (even in the face of EFCC "evidence" without giving conscientious consideration to his defence.

Shut up!!! The only defense so far is that he is a governor and has immunity.

Wetin concern Agboro with overload?

koboko69:
Shut up!!! The only defense so far is that he is a governor and has immunity.

If being a governor and having immunity are the only lines you've picked from Fayose's defence so far, then you must be paranoid and mentally jaundiced. May God judge and condemn you with the same measure mettled to Fayose.

No wonder, this man wanted PMB to die before elections. He is silent now.

agabusta:
Someone illegally got money from the office of the NSA, and people are still screaming that he should be allowed to continue spending the money just to spite the ruling govt.

They seriously need to have their heads examined.

In more civilised climes, this Fayose would have been forced to resign, if he refused to willingly resign.

Imagine, a state governor, owing workers and pensioners months of unpaid benefits, actually has hundreds of millions he illegally acquired in his accounts, and some mofos are still saying the accounts should be unfrozen.


Accounts should be unfrozen for him to enjoy his loots while the populace are subjugated through poverty?? Why am I even in this country of dunces sef.

This seems to be the strategy of some of our evil political class. It's not even a PDP/APC thing as one self declared principality in Lagos is also doing something similar.

This guy instead to pay salaries, prefers to be giving out chickens that looks kwashiokored to just 5% of the population of the state, but gives the event 100% media coverage to appear generous and kind hearted. WHEREAS, he actually has millions stacked somewhere for himself and his sons.

His online unemployed/underemployed dumbies keep singing his praises, while Fayose's sons are enjoying the money meant to equip troops fighting a war in the NE.

Chai, this Fayose needs to be stoned!

..He even conned the NPF!!!

blazetitov:
Only senseless wailers will still continue to support this crook. The evidence is damning.

The problem is that they don't read very long text like this.

No Sane person will read this and still spew rubbish.

Except the person is senselessly shameless.

Compliant:
How come this is not on the front page yet oga Seun, lalastical and mynd44 ?

This is holiday food

OYA MOVE IT TO THE PROMISE LAND

Or do we need to add Key word "Snake","Tonto Dikeh"

OLADD:
Only mentally demented human beings would judge Fayose (even in the face of EFCC "evidence" without giving conscientious consideration to his defence.

Where were you when Fayose invited OBJ to commission an empty poultry farm?

Where were you when he was using the former VC of UNAD to launder money?

Where were you when he invade a court at Fajuyi that was about to deliver a judgement on his case with thugs?


Small boy, go and prepare for your JAMB exam and stop saying what you know next to nothing about.

This is What is called incontrovertible evidence.

These evidence re jus overwhelming. Its like EFCC is fiercer, ferocious and more vigorous when 'witch hunting'. Is lalasticlala still celebrating sallah?

I reserve my comments

ITSaWRAP1:
I reserve my comments

bro, good afternoon, I need your help now nd I know you can can do it for me.
with due respect bro, the 2016 Mr nairaland election is ongoing, nd I need you to please help us with the dream of winning the elections.

the voting thread is


https://www.nairaland.com/3261218/mr-nairaland-contest-2016-elimination

just type" I vote falconey Cc: NLjega"



the voting continues tomorrow and the grand finale will be held on Wednesday.

I am trusting you for this bro.

Thanks