Nyako’s Trial: ‘Two Witnesses Die After Giving Evidence’

A Federal High Court sitting in Abuja,
yesterday, admitted to bail a former
governor of Adamawa State, Murtala
Nyako, his son, Abdulaziz and two
others standing trial for alleged N40
billion money laundering charge.
That was about three hours after the
Economic and Financial Crimes
Commission, EFCC, pleaded with the
court against exercising its
discretion in favour of the accused
persons on six grounds, including
that the freedom of the accused was
a threat to its witnesses.
Private counsel to the EFCC, Mr
Rotimi Jacobs, SAN, had told the
court yesterday that two of EFCC’s
key witnesses against the accused
persons had died mysteriously after
volunteering indicting statements
against the accused persons.
He gave their identities as Ma’aji
Mohammad Iro and Abdulmalik
Dalhatu, adding that they were not
involved in autocrash but just died
mysteriously.
EFCC expressed fear that if Nyako
and the three others were granted
bail, they might use their positions
to cow other witnesses from coming
out and that it would have difficulty
prosecuting the case.
Jacobs also argued yesterday that
both the former governor and his
son, a serving senator might jump
bail if so granted, because the duo
fled the country after they were
admitted to administrative bail by
the EFCC while the matter was still
under investigation.
He said they did not get them back
until they procured a warrant of
arrest from court and declared them
wanted on the internet.
EFCC further argued yesterday that
there was a prima facie evidence
against the accused persons as
investigation had shown that former
Governor Nyako diverted public
funds running into billions of naira
into private accounts of companies
belonging to them to develop an
estate in Abuja.
Expressing fear that not only the
grave offence committed by them
but also the massive and
incontrovertible evidence already
piled up against them would tempt
them to bolt away, Jacobs added
that hiring 15 lawyers to defend the
case was an evidence that the
accused were ready to do anything
to get off the hook anyway, anyhow.
EFCC suggested to the court to issue
an order of accelerated hearing in
the case and hear the matter day to
day instead of releasing them to the
free world and pose threat to its
witnesses.
But the trial judge, Justice Elvis
Chukwu, notwithstanding the litany
of reasons given by EFCC yesterday
admitted them to bail, albeit
attached stringent conditions to the
bail.
The accused persons were admitted
to bail in the sum of N350 million
each totalling N1.4 billion with two
sureties in like sum each, one of
which must be a serving director in
the federal civil service.
They were also ordered to drop
their international passports and
other travel documents in their
possession with the deputy registrar
of the court if they must breathe air
of freedom.
Justice Chukwu held that the
stringent conditions were attached
to ensure that they would attend
court so that trial would not be
delayed.
EFCC had, on Wednesday, arraigned
Nyako, his senator son and two
other individuals alongside four
corporate persons on 37 count
charge bothering on money
laundering.
Others listed on the charge sheet
filed by Yusuf Ali, acting deputy
Director of Legal and Prosecution
Department of EFCC as co-accused
are: Zulkifikk Abba; Abubakar Aliyu;
Blue Opal Limited; Sebore Farms
and Extension Limited; Pagoda
Fortunes limited; Towers Assets
Management Limited and Crust
energy Limited.
The accused persons however,
pleaded not guilty to all the charges.
When the matter came up yesterday,
defence counsel, Kanu Agabi, SAN,
brought an application for bail for
the accused, dated July 10 and filed
on the same day.
Agabi predicated the application on
Section 118 (2) of the Criminal
Procedure Act and Section 35 of the
1999 Constitution, arguing that what
the prosecution emphasised in its
opposition is that the accused will
not come for trial if granted bail.
He said that contrary to EFCC’s fear,
the accused persons were happy to
stand trial because it afforded them
a rare opportunity to clear
themselves