|
Justice Adebukola
Banjoko of High Court of the Federal
Capital Territory , Abuja , on
Friday, June 11, 2010, has
granted the
Economic and
Financial Crimes Commission,
EFCC, leave to file additional proofs of
evidence and list of witnesses against
former governor of
Taraba state,
Rev.
Jolly Nyame.
Banjoko ,while
granting EFCC’s application brought by
its counsel, Rotimi Jacobs, noted that;
“There is a value that is placed on
materials brought to the court to help
in proper dispensation of justice which
cannot just be dismissed especially in
criminal cases such as this. Let no
impression be created that prosecution
does not have the right to do so.” she
said.
The application was
coming on the heels of a preliminary
objection brought by the defence
counsel, Lateef Fagbemi, SAN, which was
later withdrawn.
EFCC had
on Wednesday,
June 9, 2010, filed a 71 page additional
proofs of evidence against the former
governor over his on-going trial in a
case of N180 million scam preferred
against him in 2007.
It also filed before
the court an additional list of
witnesses who have volunteered
information that would be useful in the
prosecution of the case. Some of the
witnesses include bank and serving
government officials.
Among the additional
proofs of evidence brought forward by
the EFCC against Nyame are banks’
account opening packages by some aides
of the former governor ; certified true
copies of account opening packages of
some of the aides of the former
governor, certified true copies of
statements of
accounts and certified
true copies of eighteen different cheque
books.
At the resumed
hearing of the case on Friday June 11,
2010, Fagbemi, who had earlier objected
to the filing of additional proofs of
evidence urged the court to warn the
prosecution against such application in
future. In his response, prosecution
counsel, Rotimi Jacobs told the court
that the EFCC’s action of filing
additional proofs of evidence was within
the ambit of the law. “We are not
limited by law to file additional
proofs”, he said.
Nyame who is being
tried on allegations of stealing,
criminal
breach of trust, diversion
of public funds, bribery and
misappropriation of funds
amounting to N180 million belonging to
Taraba State government is facing a 41
count charge for fraudulent award of
contracts and receiving gratifications.
He had tried to quash
the charges preferred against him as he
filed an application on October 10, 2007
to that effect. In the application, he
claimed that there was no prima facie
case against him and for want of
jurisdiction. Justice Banjoko dismissed
the application for lacking in merit.
However, Nyame
proceeded to the
Appeal Court
which equally dismissed the application
on February 24, 2010. He further went
to the
Supreme Court
to seek for the same relief. Upholding
the ruling of the lower court, the Apex
Court in its ruling read by Justice
Olufunlola Oyelola Adekeye, ruled that
the FCT High Court has jurisdiction to
try Nyame.
The Apex court
specifically held that there was a
foundation upon which the Abuja High
Court can go on with the trial. “On this
score, we have before us two concurrent
findings of the two lower courts that
the charge before the FCT High Court,
Abuja
is competently before the court and the
criminal charge can now proceed to
hearing. This court has no cause to
interfere with the two decisions. Appeal
is dismissed for lacking in merit.”
With the matter now
before her lordship, Justice Banjoko
warned counsel to both parties that she
would not entertain frivolous
applications or unnecessary delay as she
was willing to see the case to the end.
She has adjourned the case to
22nd
June, 2010, for hearing.
|
