The judge had, on Tuesday, reserved ruling on the matter and adjourned the matter till the next day.
The EFCC’s Counsel, Rotimi Jacob, SAN, had made the application before the court to allow the witness, one Kobis via video link in the alleged N40 billion fraud case against former Governor of Adamawa, Murtala Nyako and others.
Delivering his ruling in the prosecution’s application, the judge noted that the matter came up on Oct. 29.
He said the prosecution had so far called 20 witnesses to testify and also cross-examined.
He listed the several adjournments made on the matter.
“The matter was then adjourned to Oct. 29 to enable the prosecution call their last witness ” he said.
The judge, however, said that prosecution counsel, Rotimi Jacob, SAN, was unable to provide the witness, Mr Kobis, who was the former Secretary to Adamawa Government.
He said Jacob submitted that Kobis sent a medical report that he could not come to Nigeria on medical advice that, he presently resides in the United Kingdom.
Mr Jacob had sought the court’s leave to receive evidence of his witness by video link or video coverage in accordance to Section 232(3) of ACJA.
He also said that Kobis refused to appear before the court on ground of fear for his life, asking the court to permit him give evidence by video link.
He said a banker also died in the course of prosecuting the case.
The judge noted that though the defence counsel opposed the application, saying nothing has been placed before the court to show that the witbess’ life was in danger.
The judge, who said he had carefully listened to counsel to both parties, said they had argued a well articulated argument.
He held that the court can neither blame the prosecution for the inability to provide the witness nor the defendants for their argument.
“The defendants and the prosecution have not created problems for the court. So I found it difficult to overrule either of the party as to what step court should take in this matter,” he said.
Mr Abang, however, said justice must be delivered.
He held that since the witness decided not to come to the country, there was nothing he could do than to admit the video evidence.
“The witness is taking the advantage that I have no jurisdiction over him.in England, or else, I will have compelled him,” he said.
The judge, who assured that justice would be done irrespective of mode of taking evidence, admitted the prosecution’s application.
The EFCC charged the former governor and his son, Sen. Abdulaziz Nyako, along with others, with N40 billion fraud.
They were arraigned on a 37-count charge bordering on money laundering allegedly perpetrated while Mr Nyako was Adamawa governor.
Others who were arraigned along with them were Zulkifik Abba and Abubakar Aliyu.
Firms allegedly used to perpetrate the fraud which were joined as the 5th to the 9th defendants were Blue Opal Ltd, Pagoda Fortunes Ltd, Tower Assets Management Ltd and Crust Energy Ltd.
The defendants were present in court. NAN