N1.64bn Fraud: Nyame Knows Fate Feb 14
A former governor of Taraba
State, Jolly Nyame, who is being prosecuted by the Economic and Financial
Crimes Commission, EFCC, before Justice Adebukola Banjoko of the Federal
Capital Territory, FCT High Court, Gudu on a 41-count charge of criminal
misappropriation of N1.64bn state funds will know his fate on February 14, 2017
as to whether he has a case to answer or not.
The prosecution had on
November 22, 2016 closed its case against Nyame after presenting 14 witnesses.
The trial, however, witnessed a twist on the same day, as the defence told the
court that it intended to file a "no case" submission, as it believed
that there was no prima facie case established against Nyame.
At the resumed sitting
today, both the prosecution and the defence adopted their written addresses,
and gave oral arguments.
Charles Edosomwan, SAN,
counsel for Nyame, alluded to the fact that "crucial elements are missing
in this case", and urged the court to "hold that the testimony of
prosecution witnesses have been so damaged and can't be relied on".
He further argued that there
was no direct link between Nyame, and a house allegedly procured by him using
the diverted state funds, noting that "nobody tendered registered
documents linking him to it".
According to him, the trial
was "an unnecessary waste of time through which an ordeal was inflicted on
Nyame, just because he was a former governor".
Prosecuting counsel, Adebisi
Adeniyi, however, countered Edosomwan's submission, noting that "a prima
facie case had indeed been established against Nyame after the prosecution
called 14 witnesses who testified to how they assisted him to divert state
funds".
"In the course of this
trial, the defendant did not at any time deny that he received some of the money
in question, and in fact, he has even said that he is ready to return the
money," Adeniyi said.
He reminded the court that
some of the witnesses had confessed in court admitting their several roles
during which funds were withdrawn from the state treasury for Nyame's use.
He said: "Those who
took part in purchase of stationery have come to court and explained their
roles through which the money was instead, transferred to bank account
belonging to close confidante of the defendant, and all these were not
contended."
Citing Exhibit Z6, Adeniyi
reminded the court that another witness testified to how money purportedly
earmarked for the purchase of grains, were never utilized for what it was
pencilled for, but instead, "the money was brought to the defendant".
He further argued that:
"All your lordship will do is to see whether there's ground upon which
your lordship can ask the defendant to enter his defence, not that he is guilty
or not, or whether evidence is good enough to convict him, but to say he should
defend himself."
He concluded that in the
instant, the prosecution has led sufficient evidence to warrant calling the
defendant to enter into his defence.
"We urge your lordship
to overrule this no case submission and to hold that the defendant has a case
to answer," he said.
After listening to the
arguments, Justice Banjoko, urged both parties to submit the authorities cited
in their submissions, adding that "I want to go through all the evidence,
and will give my ruling on February 14, 2017."
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