Agency Reporter
Former Adamawa State Governor Murtala Nyako on Wednesday told the Federal High Court, Abuja, that he has no case to answer in the alleged N40 billion fraud suit filed against him and others by the Economic and Financial Crimes Commission (EFCC).
Nyako, in a no-case submission through his team of lawyers, led by Kanu Agabi (SAN), on behalf of the first, second, sixth and seventh defendants, told Justice Okon Abang that “no case has been made out by the prosecution warranting an answer from them”.
News Agency of Nigeria (NAN) reports that Nyako; his son, Abdulaziz Nyako; two companies, Sebore Farms and Extension Limited and Pagado Fortunes Limited are first, second, sixth and seventh defendants in the trial.
Also, Zulkifik Abba, Abubakar Aliyu, three other companies – Blue Opal Limited, Tower Assets Management Limited and Crust Energy Limited are third, fourth, fifth, eighth and ninth defendants.
The EFCC had arraigned them on a 37-count charge bordering on money laundering allegedly perpetrated while Nyako was Adamawa State governor.
NAN also reports that the anti-graft agency had called 21 witnesses to establish its evidence against the defendants.
Reacting, the first, second, sixth and seventh 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.
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.
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At the resumed hearing yesterday, the EFCC lawyer, Oluwaleke Atolagbe, told Justice Abang that the commission intended to comprehensively respond to the first, second, sixth and seventh defendants’ no-case submission.
He prayed the court to give him seven days within which to file his responses.
Justice 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 replies on point of law within seven days.
He adjourned the matter till March 25 for the parties to adopt their written addresses for and in opposition to the defendants’ no-case submission.
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