Judge Insists Ex-Governor Nyako Must Open His Defense In N29b Fraud Case Today

A Federal High Court judge, Okong Abang, has explained why former governor of Adamawa state, Murtala Nyako, must defend how public funds were spent during his tenure between 2008 to 2014.

This is in view of a N29 billion fraud-related charges instituted against him and others, by the Economic and Financial Crimes Commission, EFCC.

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The court stood down the case for Nyako and others to open their defense today (Monday).

Recall that the Court of Appeal, Abuja had on January 18, ordered Nyako and others, to defend themselves in the case.

The trial court had on December 10, adjourned to today (January 24), in view of a pending appeal before the appellate court.

The co-defendants in the suit are Nyako’s son, Abdulaziz Nyako, Sebore Farms and Extension Ltd, Pagado Fortunes Ltd, Zulkifik Abba, Abubakar Aliyu, Blue Opal Ltd; Tower Assets Management Ltd and Crust Energy Ltd.

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THE WHISTLER reported that the trial court had on July 19 dismissed a ‘no-case-submission’ application filed by Nyako against the anti-graft agency’s fraud-related charges.

But the defendants had gone to the court of Appeal, Abuja division, seeking an order of stay of proceedings on case at the trial court as well as the dismissal of trial court’s ruling on no-case submission, thereby forcing trial judge Okong Abang to halt action on the matter until he hears from the appellate court.

Abang had adjourned to January 24 for report on the judgement of the Court of Appeal.

During the resumption of proceedings on Monday, EFCC’s lawyer, O. Atolagbe, told the trial court that Nyako’s appeal as well as that of other defendants, had been dismissed by the appellate court.

He said : “We are glad to tell my lord that the waiting is over.

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“The court of Appeal delivered it’s judgement on 18 January 2022, and it affirmed the decision of this honorable court in its ruling of 19 July,2021 where it said that the defendants have a case to answer because the prosecution has made a strong case against the defendants.

“The court further directed all the defendants to come back to this honorable court and enter their defense.

“In view of that, we urge my lord to direct the defendants to enter their defense.”

All the Defendants counsels confirmed what the prosecution said was true.

As such, trial judge Okong Abang ordered the defendants to open their defense immediately.

But the defendants urged the judge to adjourn for them to prepare adequately for their defense but the EFCC lawyer raised objection,, arguing that they were trying to elongate the case.

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Atolagbe also prayed that if the court eventually decides to shift the day of defense , it should not be later than tomorrow,(Tuesday).

On his part, Justice Abang, who is a visiting judge (from Warri division) refused the defendants oral application urging him to adjourn.

He said that lawyers to the Nyakos took a “risk” when they did not counter the EFCC lawyer when he applied that they should enter defense immediately.

“It is my view that the defendants should have prepared themselves, knowing that the judgement of the Court of Appeal could go either way,

“I cannot overrule myself, I cannot review my decision, I so good,” the judge said while standing down the case.

Some minutes later, the court continued sitting but one of the defendant’s counsel, Edidiong E. Esq, prayed the judge to shift the defense till when he returns to the Abuja division.

He explained that he was unable to prepare the first defendant to enter the witness box and commence defense.

“A defendant is entitled to a minimum of 5 adjournments, and this is the first we are seeking,” he added even as the other defendants agreed with him.

But the prosecution argued that they should comply with the judge’s order first, by putting their witness on oath, and then ask for adjournment.

After listening to all the counsels, trial judge Abang ruled that he can only shift the date of defense to Tuesday.

He said :”Earlier in the proceedings today, I refused the application for adjournment sought for by the defendants.

“Adjourning a matter is at the discretion of the court.

“This court is here on extended jurisdiction, the application for adjournment is accordingly so granted.

“This matter is adjourned to 25th of January, 2022.”

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