Alleged N6.9bn Fraud: Ex-NSA, Gave Instructions To Pay N200m, N2bn To Fayose’ Firm -EFCC Witness

Alleged N6.9bn Fraud: Ex-NSA, Gave Instructions To Pay N200m, N2bn To Fayose’ Firm -EFCC Witness

Mr. Shuaibu Salisu, a former Director of Administration and Finance in the office of the National Security Adviser, informed Justice Chukwujekwu Aneke of a Lagos Federal High Court, Friday, on how a former National Security Adviser, NSA, gave him instructions to pay Sylvan MacNamara, a company provided by a former Ekiti State governor, Mr. Ayodele Fayose, the sum of N200 Million and N2 billion for security purposes.

The Economic and Financial Crimes Commission, 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 ( Six Billion Nine Hundred Thousand Naira).

At the resumed sitting on today, Shuaibu while being led in  evidence by prosecution counsel, Rotimi Jacobs (SAN), said. “I served as director of Administration and Finance in 2011 till 2015″, the process of payment/expenditure, once the NSA gave approval for payment, we process the payment accordingly. And the payment we made are mainly on operational payment for security, I mean operational activities.”

He explained further about the role of NSA, that if they gave money for security, they are expecting the retirement of it.

“The role of NSA office are purely on security of entire country and if the money extended for security infrastructure, we are expected that there will be retirement of it” he said.

When shown with a document tagged Exhibit S, which was the payment voucher raised for the funds he said: “It’s payment mandate raised by me as a Director of Administration and Finance under the NSA instruction. The NSA instructed me to raise it, the first figure was N200 million in favour of Sylvan McNamara paid to Diamond Bank account and it’s NSA that gave me the account detail.”

He further stated that the NSA did not tell him the purpose for which it is main for, and from the memo raised, the purpose stated was on the mandate payment for physical security infrastructures.

“All the payments made from office of NSA are supposed to be for security activities and security structures”.

When asked who signed the payment mandate, he responded that according to NSA instructions. “I will sign my own part as signatory B, thereafter, I will take it to NSA for final signature which is approval, after which I will take the mandate to Central Bank of Nigeria for payment”, he said.

He also confirmed that on the said exhibit S, NSA signed and he also signed and the signature on it was thumbprint.

According to him, the payment was made and there ought to be a retirement, after the purpose for which money was paid for has completed, but up till the time he left the office, he can not says whether the beneficiary made the retirement or not.

Also, on exhibit S-1, which was payment to Sylvan McNamara to the tune of N2 billion dated 13 June, 2014, he said: “We paid the amount of N2 billion to Sylvan McNamara through the instruction of NSA and am not a signatory to this account, therefore am not in position to know whether it was retired after payment, the NSA and permanent security, Mr Ibrahim Mahe, will be able to know or says whether it was retired or not”. Said.

Under cross-examination by counsel to the first defendant, Ola Olanipekun, SAN, Salisu testified that all payments made by NSA office were made through the bank and they have to raised the mandate before it was done.

When asked, regarding to two payments, N200 million and N2 billion naira, if NSA informed him that it was security purpose, Salisu replied that “no, the NSA never informed me that the money main for security and NSA never complained about this payment”. Said.

On cross-examination by counsel to the second defendant, Olalekan Ojo, SAN, Salisu testified that he was familiar with financial regulations that financial regulations apply only on public servants. “In relation to retirement, once money giving to recipients, you supposed to bring receipt of what you have been asked to supply with memo attached to it, that’s the retirement of such amount, and Financial regulations only apply on public servant”. Said.

He said the schedules of his duties did not extend to security matters.

Also, when asked if he knew what and what that make NSA to approved N200 million and N2 billion for Sylvan McNamara, he said, “like I said earlier, all payments in office of NSA are for security purposes”. Said.

Also, asked if he made a statement with EFCC when he was invited during investigation, he said, “yes” Ojo SAN, tendered the statement of the witness and court admitted it as exhibit A19.

He also confirmed to the court that, they never queried the instructions of the NSA that he gave directive and they followed it.

Meanwhile, the witness while being re-examined by the prosecutor what he Knows if non-public servant makes retirement. He said “all payments that are made by the NSA office are supposed to retired by issuing receipt by the recipient’s firm.”

However, Olanipekun SAN defence counsel to first defendant, make an application before the court, seeking the permission of the court for his client to travel abroad on his health conditions and no opposition from prosecution counsel.

In his ruling, justice Aneke, grant the request of defendant to travel abroad. While the matter was adjourned to October 18, 2024 for continuation of  trial.