The Abuja Division of the Court of Appeal has dismissed an appeal by former governor of Adamawa state, Murtala Nyako, seeking to overturn the ruling of the Federal High Court, that he had a case to answer.
Mr Nyako, his son, Senator Abdul-Aziz Nyako and seven others are being prosecuted by the Economic and Financial Crime Commission (EFCC) on a 37-count charge bordering on money laundering to the tune of N29 billion.
A three-man panel of the court of appeal justices on Tuesday held that the ex-governor’s appeal was unmeritorious and consequently, was dismissed.
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What happened in court
The panel of Justices led by Justice Olabisi Ige upheld the ruling of the trial court ( federal high court Abuja).
According to EFCC, the appellate court held that the oral and documentary evidence tendered against Mr Nyako by them effectively linked Mr Nyako to the alleged fraud.
The court ordered Mr Nyako to open his defence before Justice Abang.
“Appellant’s appeal is devoid of merit and the lower court was right in overruling the no-case-submission filed by the appellant.
“The appellants are hereby ordered to enter their defence as ordered by Justice Abang of the Federal High Court Abuja,” Justice Ige held.
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Backstory
The matter started on July 7, 2015. However, the EFCC closed its case against Mr Nyako on November 3, 2019.
Mr Nyako had filed a no-case submission after the EFCC had closed its case against him. He sought the court to dismiss the charges proffered against him on the grounds that the prosecution failed to link him to the alleged crimes.
On July 19, 2021, Justice Abang ruled that the defendants have a case to answer. He dismissed Mr Nyako’s no-case submission on the grounds that it lacked merit. He ordered the defendants to enter a defence.
However, Mr Nyako approached the court of appeal challenging the dismissal of the no-case submission.
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The appeals were argued on October 21, 2021, and the appellate court, in its ruling, dismissed the appeal.
At the last adjourned date of trial before Justice Abang of the Federal High court, the matter was adjourned for mention or to abide by the outcome of the appeal before the appellate court.
What you should know
Mr Nyako’s trial began on July 7, 2015. The EFCC had called a total of 21 witnesses to establish its case against the defendants.
Mr Nyako is being prosecuted by the EFCC alongside his son, Senator Abdul-Aziz Nyako and seven others on a 37-count charge bordering on money laundering to the tune of N29 billion.
Other defendants in the suit included: Sebore Farms and Extension Ltd, Pagado Fortunes Ltd, Zulkifik Abba, Abubakar Aliyu, Blue Opal Ltd, Tower Assets Management Ltd and Crust Energy Ltd.