Jolly Nyame, a former Taraba State governor, who is being prosecuted by the Economic and Financial Crimes Commission, EFCC, for an alleged N1.64 billion fraud, will know his fate on May 30, 2018.
Justice Adebukola Banjoko of the Federal Capital Territory, FCT High Court, Gudu is expected to give verdict, having listened to the adoption of final written addresses by the defence and the prosecution, on February 28, 2018.
While presenting its final written address to the court, the defence team, led by Olalekan Ojo, argued that “the confessional statements” made by Nyame, which were marked as Exhibit Z4 to Z6, made to the EFCC during investigations, “were not admitted in law as strong enough” to secure conviction.
Ojo further argued that some prosecution witnesses who testified against Nyame in court, gave “hearsay” evidence, which according to him, were not in consonant with the “legal status” of the evidence given.
Making reference to Abubakar Tutare, a former Commissioner of Finance in the state, Ojo, argued that the witness was “a self-confessed beneficiary of an alleged fraud being fielded as a witness”.
However, prosecution counsel, Rotimi Jacobs, SAN, urged the court to discountenance Ojo’s arguments stressing that based on the numerous documents and witnesses brought before the court, “the prosecution has been able to prove its case beyond every reasonable doubt”.
Jacobs noted that he had called 14 “relevant witnesses”, stressing that Nyame’s confessional statements “reproduced as evidence, supported the prosecution in the case”.
He cited relevant sections of the 1999 Constitution and the Evidence Act, to counter Ojo’s argument that Nyame was a "public officer".
According to Jacobs, the defendant was not a “public officer” but a “public servant, liable to be prosecuted in a court of law”.
“As a public servant, he is also the agent of the state,” Jacobs added.
Jacobs further harped on testimonies of witnesses, who testified that they were given directives from Nyame, that money should be cashed and brought to him.
Concerning the allegation of diversion of N24.5million meant for grains, and N200million for stationaries, Jacobs stressed the testimonies of witnesses in the court, indicated that the “evidence was proven enough”.
“It is the duty of the court to evaluate evidences and look at the testimonies of the defendant that the prosecution has indeed proven its case,” Jacobs added.
Media and Publicity
28 February, 2018