Justice Bukola Banjoko of the Federal High Court Abuja will, on February 14, rule on whether or not former Taraba State Governor, Jolly Nyame, should enter defence in the N1.64 billion fraud charge brought against him by Economic and Financial Crimes Commission (EFCC).
Justice Banjoko chose the date yesterday after listening to arguments by lawyers for the prosecution and defence in respect of the no-case submission by Nyame.
Nyame is being tried on a 41-count charge of criminal breach of trust and misappropriation of state funds to the tune of N1.64 billion, between 1999 and 2007 as governor.
The prosecution closed its case on November 22 2016, after presenting 14 witnesses.
Adopting his client’s no-case submission yesterday, defence lawyer, Charles Edosomwan (SAN), argued that crucial elements were missing in the case.
He prayed the court to hold that testimonies of witnesses called by the prosecution were damaged under cross-examination and could not be relied on.
Edosomwan contended that there was no direct link between his client and a house he (Nyame) allegedly bought, using the purportedly diverted state funds.
He noted that nobody tendered registered documents linking his client with the house.
“The trial was an unnecessary waste of time, through which an ordeal was inflicted on the defendant, just because he was a former governor,” Edosomwan said.
In a counter-argument, prosecutor Adebisi Adeniyi argued that the prosecution had effectively established a prima facie case against the defendant through its 14 witnesses.
“In the course of this trial, the defendant did not at any time deny receiving some of the money in question, he even said he is ready to return the money.
“Those who took part in purchase of stationery have come to court and explained their roles through which the money was instead, transferred to bank account belonging to close confidant of the defendant, and all these were not contended,” Adebisi said.
He referred the court to some documents in the court’s custody, marked Exhibit Z6, noting that another witness testified on how money purportedly earmarked for the purchase of grains was handed to Nyame.
“All your lordship will do is to see whether there’s ground upon which you can ask the defendant to enter his defence, not whether he is guilty or not, or whether evidence is good enough to convict him, but to say he should defend himself
“We urge your lordship to overrule this no-case submission and hold that the defendant has a case to answer,” Adebisi added.