Alleged N29b Fraud: Appeal Court Orders Ex-Adamawa Gov. Nyako To Enter Defence

The Court of Appeal, Abuja Division, on Tuesday upheld the judgement of Justice Okon Abang of the Federal High Court Abuja, which had on July 19, 2021, ordered a former governor of Adamawa state, Admiral Murtala Nyako (rtd), to enter defence in his on going trial.

The EFCC is prosecuting the former governor, his son, two companies, Sebore Farms and Extension Ltd and Pagado Fortunes Ltd, over money laundering offences.

Other defendants are Zulkifik Abba, Abubakar Aliyu, Blue Opal Ltd, Tower Assets Management Ltd and Crust Energy Ltd.

EFCC filed the charge against the former governor and the defendants on July 7, 2015.

Delivering judgement on the appeal challenging the dismissal of their no-case-submission, Justice Olabisi Ige, leading a 3-man panel, held that the trial court was right in making an order for the defendants to enter defence in order to answer questions in respect of allegations against them by the prosecution.

To prove it’s case at the Federal High Court Abuja, the EFCC called 21 witnesses, upon whose oral and documentary evidence, the court agreed that the prosecution has made a prima facie case against the defendants.
The Appellants predicated their various appeals on 8 grounds.

Basically, the appellants had argued that the essential elements of offences against them were not proved by the prosecution.

More so, the appellants posited that there was no proof of theft, nor was there any evidence adduced by the prosecution to prove it’s case or linking them to commission of the offence levelled against them.

It was their argument that “Not a single witness called by the prosecution implicated the appellants”.

However, in his lead judgment, Justice Ige, said he had no doubt in his mind that the trial court was right in asking the defendants to enter their defence.

The 3-man panel unanimously agreed that it was necessary for the appellants to exonerate themselves from the allegations linking them to commission of the alleged offences.

“None arraignment of others mentioned during the trial does not vitiate the charge as presented by the defendants.
“Appellant’s appeal is devoid of merit and the lower court was right in over ruling the no-case-submission filed by the appellant.

“The appellants are hereby ordered to enter their defence as ordered by Justice Abang The Federal High Court Abuja.