Murtala Nyako, former Adamawa Governor, on Wednesday, told the Federal High Court, Abuja, that he had no case to answer in the alleged N40 billion charge filed against him and others by the Economic and Financial Crimes Commission, EFCC.
Mr Nyako, in a no-case submission through his team of lawyers led by Kanu Agabi, on behalf of 1st, 2nd, 6th and 7th defendants, told Justice Okon Abang that “no case has been made out by the prosecution warranting an answer from them.”
News Agency of Nigeria reports that Nyako; his son, Abdulaziz Nyako; two companies, Sebore Farms and Extension Ltd and Pagado Fortunes Ltd are 1st, 2nd, 6th and 7th defendants respectively in the trial.
Also, Zulkifik Abba, Abubakar Aliyu, three other companies; Blue Opal Ltd, Tower Assets Management Ltd and Crust Energy Ltd are 3rd, 4th, 5th, 8th and 9th defendants respectively.
The EFCC had arraigned them on a 37-count charge bordering on money laundering allegedly perpetrated while Nyako was Adamawa governor.
NAN also reports that the anti-graft agency had called 21 witnesses to establish its evidence against the defendants.
Reacting, the 1st, 2nd, 6th and 7th defendants argued that from the testimonies of the 21 witnesses called by the prosecution, there was not a single shred of evidence that suggested even remotely that a case had been made out against them.
“Apart from the fact that the charges are in themselves incompetent and irredeemably bad thereby rendering the entire trial a nullity,” they said.
According to them, the prosecution made allegations against persons and companies who are not charged.
“The allegations made against these companies and individuals constitute elements of the offences charged.
“In order to succeed in all the counts, these elements must be proved. These elements cannot be proven behind the back of the companies and individuals against whom the allegations were made, having not been charged.
“Even if these companies and individuals were called as witnesses, that would not have been sufficient but none of them except Mary.P was called.
“The failure to charge these companies and individuals against whom allegations were made in these counts constitute a failure of the prosecution to prove essential elements of the counts.
“Accordingly, the charges laid out in Counts 1, 2, 3, 4, 5, 6, 7, 8, 8, 9, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 29, 30, 31, 32, 33, 34, 35, 36 and 37 fail on that account,” the added.
They argued that the essential elements of the offences charged had either been omitted or not proved.
“Under Sections 302 and 303 of the Administration of Criminal Justice Act, ACJA, 2015, the failure to prove an essential element of the offence charged is a ground for upholding a submission that the prosecution has not made out a case warranting an answer from the defendants,” they held.
However, at the resumed hearing on Wednesday, the EFCC Lawyer, Oluwaleke Atolagbe, told Justice Abang that the commission intended to comprehensively respond to the 1st, 2nd, 6th and 7th defendants’ no-case submission.
He prayed the court to give him seven days within which to file his responses.
Mr Abang, who gave the prosecution seven days to file and serve their written address in opposite to the defendants’ no-case submission, said the defendants would be at liberty to file and serve their reply on point of law within seven days.
He adjourned the matter till March 25 for parties to adopt their written addresses for and in opposition to the defendants’ no-case submission.
NAN
