By Ikechukwu Nnochiri, Abuja
The Federal High Court sitting in Abuja, on Monday, held that a former governor of Adamawa State, Admiral Murtala Nyako (rtd) and his son, Abdulaziz, have a case to answer pertaining to a 37-count money laundering charge the Economic and Financial Crimes Commission, EFCC, preferred against them.
The court in a ruling that was delivered by trial Justice Okon Abang, ordered both Nyako and his son to enter their defence to the charge against them.
EFCC had in charge before the court, alleged that Nyako and his son who is a serving Senator connived with two other accused persons, Zulkifikk Abba and Abubakar Aliyu, and diverted over N29billion from the Adamawa State treasury between January 2011 and December 2014.
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The Defendants were alleged to have used five companies – Blue Opal Limited, Sebore Farms & Extension Limited, Pagoda Fortunes Limited, Tower Assets Management Limited and Crust Energy Limited- to illegally divert public funds.
The charge against the Defendants bordered on criminal conspiracy, stealing, abuse of office and money laundering.
EFCC told the court that the Defendants had their bid to conceal the illicit origin of the stolen funds, embarked on the development of Estates in Abuja.
Meanwhile, the Prosecution closed its case on November 13, 2019, after it called a total of 21 witnesses that testified in the matter.
Rather than opening their defence, the Defendants, filed a no-case submission, insisting that the EFCC failed to by way of credible evidence, establish a prima-facie criminal case against them.
The Defendants urged the court to discharge and acquit them of the charge.
Ruling on the no-case application on Monday, Justice Abang, said he was satisfied that the EFCC established a case that would require explanations from the Defendants.
“In this ruling, it is my humble but firm view that the prosecution has established a prima facie case against the Defendants.
“Therefore, the no-case submission filed by the Defendants lacks merit and is accordingly dismissed. The Defendants are required to enter their defence immediately,” Justice Abang held.
EFCC had told the court that it traced various cash lodgements that Nyako and his son made into various bank accounts they operated in the name of the companies that were fingered in the alleged fraud.
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It alleged that huge sums of money which the Defendants purported to be security funds, were illegally placed under the control of one Ma’aji Iro, the then Regional Manager of Zenith Bank Plc, North East, Nigeria.
They were said to have sequentially withdrawn the funds through the bank manager and channelled same for private use, contrary to section 15 (2) (a) & (6) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under section 15 (3) of the same Act.
Besides, the anti-graft agency, via a counter-affidavit that was deposed to by one of its lead Detectives, Mr Adekunle Christopher Odofin, told the court that both the bank manager, Iro and another of its key witness, Abdulmalik Dalhatu died under mysterious circumstances.
It said the duo were found dead shortly after they came to its office and testified against the accused former governor.
All the defendants who were first arraigned on August 7, 2015, pleaded not guilty to the charge.
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