The Federal High Court in Lagos as of yesterday granted Obanikoro to used his death aides statement as an evidence against the former governor of Ekiti State, Ayodele Fayose.
Justice Mojisola Olatoregun said, that move granted Obanikoro is acceptable constitutionally.
Meanwhile, Obanikoro serves as major witness for the Economic and Financial Crimes Commission (EFCC) against the former governor, Ayodele Fayose.
Fayose’s co-accused, Mr. Olalekan Ojo (SAN), had during proceedings on February 7 urged the judge to admit the statement in evidence.
“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.” he said.
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 is pleaded not guilty, While the trial continue Today.