A Federal High Court sitting in Abuja has ruled that former governor of Adamawa State, Murtala Nyako, has a case to answer in the N29 billion fraud charges brought against him by the Economic and Financial Crimes Commission, EFCC.
Nyako is being prosecuted by the EFCC alongside his son, Abdul-Aziz, two companies, Sebore Farms and Extension Ltd and Pagado Fortunes Ltd, on 37-count charges of criminal conspiracy, stealing, abuse of office, and money laundering.
Others being prosecuted are Zulkifik Abba, Abubakar Aliyu, Blue Opal Ltd, Tower Assets Management Ltd, and Crust Energy Ltd.
After the Commission had closed its case, having called twenty-one witnesses, the defendants, rather than open thier defense, opted for a no-case submission on the ground that the prosecution had failed to link them to the alleged offences.
However, in his ruling today, 19 July, Justice Okon Abang, dismissed them defendants’ no-case-submission and ordered them to enter their defence.
According to Justice Abang, having calmly, carefully and painstakingly scrutinised the evidence adduced by the 21 witnesses in chief and under cross-examination, including the oral and written arguments of all the defendants, and having carefully and painstakingly considered the evidence of the 21 witnesses and the massive documentary evidence and the extrajudicial statements of the defendants, as well as considered the legal arguments of all the counsel for the defendants, their written and oral arguments, and the argument of the prosecution, “it is my humble but firm view that the prosecution has established a prima facie case against the defendants, and they are required to enter their defence immediately”.
The trial has been adjourned till October 4, 5, 7, and 8 for the defendants to open their case.
The last witness to be called by the prosecution was Kobis Harithimnu, a former Secretary to Adamawa State Government, who testified via video link.
The witness had told the court that there were two departments in his office, which he oversaw, namely: the Security and Special Services Office and Political Services, adding that memos were usually generated by the permanent secretary and brought to him for endorsement before sending to the governor’s office for approval.
According to him, “it is the governor that approves the memos, and collects the cheques from the accountant of the department or sometimes from the Permanent Secretary. Some of the cheques are sent to the governor by me.”
He added that he had explained to the Permanent Secretary that the procedure was irregular.
The trial which began on July 8, 2015, before Justice Evoh Chukwu, started afresh on September 12, 2016 before Justice Abang, following the demise of Justice Chukwu on June 8, 2016, after the prosecution had already called five witnesses.