Fraud: Court orders Nyame to enter defense

An FCT High Court sitting in Gudu, Abuja yesterday ordered former Taraba state governor, Jolly Nyame to enter his defense in the N1.64 billion fraud charge preferred against him.

Nyame had upon the closing of the prosecution’s case on November 27, 2016 after presenting 14 witnesses, told the court through his counsel that he intended to file a “no case” submission, as he believed that there was no prima facie case established against him.

He said the fact that “crucial elements are missing in this case”, urged the court to “hold that the testimony of prosecution witnesses have been so damaged and can’t be relied on”.

Prosecuting counsel, Adebisi Adeniyi, however, countered the submission, noting that “a prima facie case had indeed been established against Nyame after the prosecution called 14 witnesses who testified to how they assisted him to divert state funds”. Written addresses were adopted on 18/01/2017.

At resumed hearing yesterday, the trial judge, Justice Adebukola Banjoko ruled that the prosecution has been able to establish through its evidence that Nyame has a case to answer. The court held that “a prima facie has been established against the defendant and he is hereby ordered by the court to enter his defence”.

The judge held that whether or not the evidence is believed at the stage of trial is not an issue as the credibility of the witness cannot be used as the basis that prima facie case has not been established.

She said the Court of Appeal had ruled that where sufficient evidence is made to support the charge against a defendant and the evidence was left uncontradicted during cross-examination, the prosecution does not need to proof beyond reasonable doubt to establish a prima facie case.

The court thereafter fixed March 8, 2017 for the defendant to commence his defence which will run on day-to-day basis in compliance with the provision of the Administration of Criminal Justice Act (ACJA).