NAN-H-80
Nyame
By Sylvester Thompson
Abuja, Jan.18, 2017 (NAN) An FCT High Court sitting in Gudu, on Wednesday adjourned ruling on the “no case submission’’ made by ex-Taraba Governor Jolly Nyame till Feb.14.
Nyame’s counsel had filed a “no case submission’’ on Nov. 28, 2016, after the prosecution closed its case on Nov.22.
The defence counsel led by Mr Charles Edosonwan told the court that the prosecution did not actually close its case, since it had not established a ‘prima facie case’.
He said that his argument was based on the fact that there were many elements in the charges that were not established by evidence.
Edosonwan said that many of the witnesses, who testified, were misguided in the course of cross-examination that a lot of them abandoned their statements.
“For example, the house that they claimed he bought, whereas it was not proved, no documents attached to his name,’’ Edosonwan said.
He, therefore, urged the court to `take those summations with a deliberate desire to ignore them.’
The EFCC prosecution counsel led by Mr Abebisi Adeniyi, who was holding the brief of Rotimi Jacobs (SAN), said that their response to the no case submission was not to criminalise the defendant.
“Nobody can criminalise governance. What we have done is to look at the infractions of the Penal Law and bring them before the court, and to adduce evidence in proof of them.
“In our written address, we have reproduced copiously the extract from the evidence adduced by the prosecution witnesses,’’ Adeniyi said.
He said that it was not about whether the evidence of the prosecution was sufficient to justify conviction or not, but it was rather about the defendant opening his defence.
“The prosecution has done more than the law requires, with regard to prima facie case against the defendant. We have set the counts for him.’’
Adeniyi said that the prosecution witnesses, who were called to testify, made claims to the fact that some money were paid to the account of a company owned by the defendant.
He said that the witnesses told the court that properties were bought in the governor’s name.
“Even the defendant has not denied the fact that he received some of this money.’’
Adeniyi said from the defendant’s statement, he said, “whatever I’ve taken, I’m prepared to return’’.
Nyame is facing trial on a 41-count charge of criminal misappropriation of N1.64 billion state funds during his tenure as governor of Taraba. (NAN)
SET/FLP/EEE
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Edited by Folorunso Poroye/Ese E. Ekama