TRACKING_____A former Governor of Adamawa state, Murtala Nyako on Wednesday prayed a Federal High Court in Abuja, to strike out the alleged N40 billion money laundering charge filed against him and others by the Economic and Financial Crimes Commission (EFCC).
Nyako, in a no-case submission motion filed by his team of lawyers led by Kanu Agabi (SAN) on behalf of the defendants told Justice Okon Abang that “no case has been made out by the prosecution warranting an answer from them.”
The EFCC is prosecuting Nyako, his son, Abdulaziz Nyako, two companies, Sebore Farms and Extension Limited and Pagado Fortunes Limited respectively, in the trial.
Others are Zulkifik Abba, Abubakar Aliyu, Blue Opal Limited, Tower Assets Management Limited and Crust Energy Limited.
The EFCC had arraigned them on a 37-count bordering on money laundering allegedly perpetrated while Nyako was the state governor and had called 21 witnesses to establish its case against the defendants.
Reacting, the four of the 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.
“Apart from the fact that the charges are in themselves incompetent and irredeemably bad, thereby rendering the entire trial a nullity,” they said.
According to them, the prosecution made allegations against persons and companies who were not charged.
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“The allegations made against these companies and individuals constitute elements of the offences charged.
“In order to succeed in all the counts, these elements must be proved. These elements cannot be proven behind the back of the companies and individuals against whom the allegations were made, having not been charged.
“Even if these companies and individuals were called as witnesses, that would not have been sufficient but none of them except Mary P was called.
“The failure to charge these companies and individuals against whom allegations were made in these counts constitute a failure of the prosecution to prove essential elements of the counts.
“Accordingly, the charges laid out in Counts 1, 2, 3, 4, 5, 6, 7, 8, 8, 9, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 29, 30, 31, 32, 33, 34, 35, 36 and 37 fail on that account,” the defendants added and argued that the essential elements of the offences have either been omitted or not proved.
However, at the resumed hearing on Wednesday, the EFCC counsel, Oluwaleke Atolagbe, told Justice Abang that the commission intends to comprehensively respond to the defendants’ no-case submission.
He prayed the court to give him seven days within which to file his responses, a request granted by the judge, just as the defendants would be at liberty to file and serve their reply on points of law within seven days.
He adjourned the matter until March 25 for parties to adopt their written addresses for and in opposition to the defendants’ no-case submission.
