…as court fixes July 18 for report of settlement

By Ikechukwu Nnochiri

ABUJA–The Federal High Court in Abuja, on Friday, temporarily suspended further hearing on the money laundering charge the Economic and Financial Crimes Commission, EFCC, filed against a former Governor of Adamawa State, Admiral Murtala Nyako (rtd)‎.

Justice Peter Lifu took the decision after he was notified of the defendant’s decision to enter into a plea bargain with the anti-graft agency.

The EFCC, in the charge before the court, alleged that Nyako and his son, Senator Abdulaziz, connived with two other defendants in the matter- Zulkifikk Abba and Abubakar Aliyu- and diverted over N29billion from the Adamawa State treasury between January 2011 and December 2014.

‎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 them bordered on criminal conspiracy, stealing, abuse of office and money laundering.

EFCC told the court that the defendants had in their bid to conceal the illicit origin of the stolen funds, embarked on the development of Estates in Abuja.

The agency 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.

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They were said to have sequentially withdrawn the funds through the bank manager and channelled same for private use, contrary to section 15 (2) (a) & (6) of the Money Laundering (Prohibition) (Amendment)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, EFCC, in 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 ‎witnesses, 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.

However, the defendants, who were first arraigned before the court on August 7, 2015, pleaded not guilty to all the allegations against them.

At the resumed proceedings on Friday, EFCC’s lawyer, Mr. Rotimi Jacobs, SAN, informed the court that both parties have kick-started a discussion on a possible out-of-court settlement of the case.

According to him, by the next adjourned date, both parties should be able to resolve all the details of the settlement to enable the court to terminate the case.

Nyako’s counsel, Chief Michael Aondoaka, SAN, confirmed the development, adding that the discussion has reached an advanced stage.

Aondoaka, SAN, said he was positive that the matter would be resolved amicably.

After he had listened to both sides, Justice Lifu adjourned the matter till July 18 for the report of settlement.

It will be recalled that the Abuja Division of the Court of Appeal had on January 18, 2022, ordered Admiral Nyako, Rtd, and his son to enter their defence to the 37-count money laundering charge against them.

The appellate court, in a unanimous decision by a three-man panel led by Justice Olabisi Ige, held that the anti-graft agency established a prima facie case that would require explanations from the Appellants.

It dismissed as lacking in merit, separate appeals that both Nyako, his son and other defendants in the matter, lodged to set aside a ruling of the trial court that refused their no-case submission.

Nyako and his son had after the EFCC closed its case against them after it called 21 witnesses, urged the trial court to discharge and acquit them.

They contended that the totality of evidence the prosecution adduced against them was not sufficient to warrant the trial court to compel them to open their defence to the charge.

It was their argument that none of the witnesses implicated them.

However, in a ruling he delivered on July 19, 2021, trial Justice Okon Abang held that he was satisfied that the defendants had a criminal case to answer.

He, therefore, ordered them to open their defence to the charge.