Mr Kobis Arithimni, the Economic and Financial Crimes Commission
(EFCC)’s principal witness in the ongoing alleged N40 billion trial
of former Adamawa Governor, Murtala Nyako, on Tuesday, testified
before the Federal High Court, Abuja.
News Agency of Nigeria (NAN) reports that Justice Okon Abang
had, on Oct. 30, granted the EFCC’s prayer to allow it take the
evidence of Arithimni, who presently resides in the United Kingdom
(UK), through video link in accordance to Section 232(3) of ACJA,
following its counsel, Rotimi Jacobs’ argument.
The EFCC, charged the former governor and his son, Sen.
Abdulaziz Nyako, along with others, with N40 billion fraud.
Jacobs, SAN, had told the court that Arithimni, who was
Secretary to Adamawa State Government during Nyako’s
administration, sent a medical report that he could not come to
Nigeria on medical advice.
He said all efforts made by the anti-graft agency were
unsuccessful.
At a resumed trial on Tuesday, Arithimni, who gave his evidence
via video coverage, apologised to the court for being unable to
come to the country to testify.
“I am a Christian and I am in London, receiving treatment,” he
said.
He told the court that he was a commissioner in the Ministry of
Rural Infrastructure, Adamawa, in 2007.
“In 2008 and 2014, I was appointed as the Secretary to the State
Government.
“My duty was to coordinate the activities of the state
government between ministries, parastatals and departments (MDAs)
and to see to day-to-day smooth running of government,” he
said.
Arithimni said he endorsed memos generated by permanent
secretaries as regards funds before the governor’s office approved
them.
“After the approval by the governors, the memos are brought back
to my office and straight to the permanent secretary that generated
the memo.
“The next stage is for the fund to be raised in the sum raised
in the memo. Then, the funds would be released,” he said.
According to him, funds are raised after the voucher has been
released by the accountant.
He said he knew one Maaji Iro, a manager of Zenith Bank, Yola
Branch, who was also listed as a witness.
Arithimni, who told the court that it was the governor who
approved the memos for funds, said cheques were issued to Iro.
He, however, said that he had at one time cautioned the
permanent secretaries against given Iro chews without a copy of the
approval of the memos.
“It is uncivil service like and to guide them, I told them that
on no account should they give or issue cheques to Maaji Iro
without a copy of the approval of the memos to serve as evidence
that approvals were given,” he said.
The witness also told the court that Maaji Iro collected the
cheques but did not give him the cash.
He said security outfit in the state were also given monthly
allowance through the office of the permanent secretary on
security, besides the inter-religious bodies.
In a cross examination, counsel to the 1st, 2nd, 4th, 6th, 7th
and 8th defendants, Ibrahim Isiyaku, SAN, asked if Arithimni
recommended the release of the funds in respect of which the
expenditures were to be incurred and he did not object.
“Your only problem now is that the money was not brought back to
you right?,” Isiyaku asked Arithimni but he gave no response.
The lawyer noted that the witness told the court that Iro was a
banker and had no role to play in Adamawa government.
He, however, asked the witness if he would be right to say that
Iro manages the account of Adamawa State government in Zenith Bank
and he concurred to Isiyaku’s statement.
On his part, counsel to the 3rd defendant, Yakubu Maikyau, SAN,
asked Arithimni if he knew one Ibrahim Emmanuel and the witness
responded that he was a permanent secretary, political department,
under his office.
Counsel to the 5th defendant, Olumide Olujinmi, only wished the
witness quick recovery in London.
Speaking, prosecution counsel, Jacobs, told Justice Abang that
he was sure that he would be closing his case in the next adjourned
date.
“I do not want to formally announce that I am closing my case
today but I am 99 per cent sure that I will close it in the next
adjourned date,” he said.
When lawyer Isiyaku called the attention of the judge to some
motions they slated for hearing, Justice Abang said he would take
them in the next adjourned date.
According to the judge, I will take all pending applications
filed by counsel on Nov. 6.
Justice Abang, however, adjourned till Nov. 13 for continuation
of hearing based on the parties’ agreement.
NAN reports that the former governor and his son, alongside
others, were arraigned on a 37-count charge bordering on money
laundering allegedly perpetrated while Nyako was Adamawa
governor.
Others who were arraigned along with them were Zulkifik Abba and
Abubakar Aliyu.
Firms allegedly used to perpetrate the fraud which were joined
as the 5th to the 9th defendants were Blue Opal Ltd, Pagoda
Fortunes Ltd, Tower Assets Management Ltd and Crust Energy Ltd.
NAN
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Maina’s ill-health stalls trial in N2B Fraud. ..court
orders full medical examination
The trial of the chairman of the defunct Pension Reforms Task
Force PRTF Abdulrasheed Maina in an alleged N2b fraud was yesterday
stalled at the federal high court in Abuja ollowing his sudden
ill-health and confinement to bed rest by medical expert.
Maina is being prosecuted by the federal government on a12-count
charge bothering on alleged N2B pension fund fraud, money
laundering, operating fictitious bank accounts and other fraudulent
activities.
At the resumed trial, an officer of the Nigeria Prison Service
stormed the court and sought audience with the court with a letter
of medical report issued by a doctor with the prison Mr Idowu
Ajayi.
The letter however sparked off long controversies when Justice
Okon Abang upon acknowledging it read it and faulted it’s mode.
Abang agreed that human being can fall sick but got angry that
the medical doctor who authored ithe letter failed to give specific
period the accused person will be confined to bed rest.
Apparently furious, the Judge wondered why a medical expert will
write such a letter without indicating the specific time Maina will
be on bed rest adding that the action of the doctor is a ploy to
stop the court from the trial of the accused person.
He accused the doctor of not helping the court in the shoddy
manner the letter was written and its tone that suggested that
Maina will not be able to stand trial for undidclosed period.
In a reaction, counsel to the Economic and Financial Cries
Commission EFCC Mohammed Abubakar prayed for an order of court
compelling the Deputy Comptroller General of the Nigeria Prison
Service, being a medical doctor, to carry out comprehensive
examination on the health status of Maina.
The counsel also prayed the court for an order that the prison
chief must make his report available to the court on the adjourned
date to actually ascertain the health issues.
Maina’s counsel Francis Oronsaye however pleaded with the court
to adjourn the trial for one week to enable his client recover
fully
In his ruling, Abang said that the request for one week
adjournment did not go down well with the court and held that a
medical report cannot act as an order to stay trial in a criminal
matter.
He noted that the doctor who claimed to have examined the
defendant did not include a time the defendant was supposed to have
recovered.
Justice Abang consequently ordered the Deputy Comptroller of the
Nigeria Prison in charge of medicals and welfare to examine tMaina
and report back to the court on November 7, slated for continuation
of trial.