N1.64bn fraud suit: Nyame to know fate on May 30

Former Governor of Taraba, Jolly Nyame, charged with N1.64bn
fraud suit, will on May 30, know his fate as Justice Adebukola
Banjoko of the FCT High Court will deliver judgment.

Banjoko fixed the date for judgment after counsel to parties had
adopted their addresses.

The EFCC charged Nyame with criminal breach of trust and
misappropriation of government funds on June 22, 2010.

Earlier, Mr Olalekan Ojo, Counsel to Nyame said the confessional
statement the EFCC had relied on was marred by inconsistency and
therefore urged the court to discountenance it.

Ojo argued that his client had promised to return the alleged
stolen funds if prosecution witnesses could show evidence to prove
that he stole them.

He said: “My Lord, at it stance, no witness has testified or
brought out any evidence linking my client to have stolen any funds
from Taraba Government’’.

He also urged the court to be circumspect of frivolous evidence
given by some of the prosecution witnesses with the viewing to
dismissing them.

Ojo specifically mentioned Mrs Asabe Mengua, a prosecution
witness whom he claimed took her evidence from the state’s former
Commissioner for Finance, Abubakar Tutare, who had testified
earlier.

Ojo therefore, drew the attention of the court to the fact that
Mengua had told the court that she heard from Tutare that Nyame
directed that certain funds be paid to Salman Global Ventures
Ltd.

The counsel argued that such evidence was not substantive,
direct but `unreliable’ and `fraudulent’.

“Our contention is that the prosecution has been unable to prove
that the defendant gave that directive’’, he said.

He further argued that the evidence given by Tutare was a “self
confessed beneficiary of an alleged fraud being fielded as a
witness.’’

He submitted that all the allegations brought against his client
had not been proven to secure his conviction, adding that all
financial dealings under Nyame as governor were impeccable.

Ojo went ahead to urge the court dismiss the suit, adding that
the state’s financial record indicated that the ex-governor
diligently expended the funds on state projects and not on
himself.

Mr Rotimi Jacobs (SAN), the Prosecuting Counsel, had urged the
court to discountenance the arguments of the defence as the
prosecution had been able to prove its case beyond reasonable
doubt.

Jacobs said he had called fourteen relevant witnesses, adding
that the defendant’s statement reproduced as evidence supported the
prosecution in the case.

Jacobs said all financial misdemeanour committed during the
defendant’s tenure as governor were aptly heaped on him.

“My Lord, the simple question to ask is whether the sum of N1.64
was stolen while the defendant was in charge as governor of the
state. The answer is a big yes.

Jacob therefore submitted that the principal culprit was Nyame,
adding that the testimonies of the prosecution witnesses exposed
how the defendant stole and misused the monies.

He said the defendant had also supported the case by admitting
that he collected money in his statement which he had not
retracted.

“My Lord, we urge the court to dismiss all the issues canvassed
by the defendant and go ahead to convict him’’, he said.

NAN

Former Governor of Taraba, Jolly Nyame, charged with N1.64bn
fraud suit, will on May 30, know his fate as Justice Adebukola
Banjoko of the FCT High Court will deliver judgment.

Banjoko fixed the date for judgment after counsel to parties had
adopted their addresses.

The EFCC charged Nyame with criminal breach of trust and
misappropriation of government funds on June 22, 2010.

Earlier, Mr Olalekan Ojo, Counsel to Nyame said the confessional
statement the EFCC had relied on was marred by inconsistency and
therefore urged the court to discountenance it.

Ojo argued that his client had promised to return the alleged
stolen funds if prosecution witnesses could show evidence to prove
that he stole them.

He said: “My Lord, at it stance, no witness has testified or
brought out any evidence linking my client to have stolen any funds
from Taraba Government’’.

He also urged the court to be circumspect of frivolous evidence
given by some of the prosecution witnesses with the viewing to
dismissing them.

Ojo specifically mentioned Mrs Asabe Mengua, a prosecution
witness whom he claimed took her evidence from the state’s former
Commissioner for Finance, Abubakar Tutare, who had testified
earlier.

Ojo therefore, drew the attention of the court to the fact that
Mengua had told the court that she heard from Tutare that Nyame
directed that certain funds be paid to Salman Global Ventures
Ltd.

The counsel argued that such evidence was not substantive,
direct but `unreliable’ and `fraudulent’.

“Our contention is that the prosecution has been unable to prove
that the defendant gave that directive’’, he said.

He further argued that the evidence given by Tutare was a “self
confessed beneficiary of an alleged fraud being fielded as a
witness.’’

He submitted that all the allegations brought against his client
had not been proven to secure his conviction, adding that all
financial dealings under Nyame as governor were impeccable.

Ojo went ahead to urge the court dismiss the suit, adding that
the state’s financial record indicated that the ex-governor
diligently expended the funds on state projects and not on
himself.

Mr Rotimi Jacobs (SAN), the Prosecuting Counsel, had urged the
court to discountenance the arguments of the defence as the
prosecution had been able to prove its case beyond reasonable
doubt.

Jacobs said he had called fourteen relevant witnesses, adding
that the defendant’s statement reproduced as evidence supported the
prosecution in the case.

Jacobs said all financial misdemeanour committed during the
defendant’s tenure as governor were aptly heaped on him.

“My Lord, the simple question to ask is whether the sum of N1.64
was stolen while the defendant was in charge as governor of the
state. The answer is a big yes.

Jacob therefore submitted that the principal culprit was Nyame,
adding that the testimonies of the prosecution witnesses exposed
how the defendant stole and misused the monies.

He said the defendant had also supported the case by admitting
that he collected money in his statement which he had not
retracted.

“My Lord, we urge the court to dismiss all the issues canvassed
by the defendant and go ahead to convict him’’, he said.

NAN