N1.64BN FRAUD: You’ve a case to answer, court tells ex-Gov Nyame

The Abuja High Court, Gudu, on Tuesday dismissed an application by former Benue State governor, Jolly Nyame for a “no-case” submission.

The judge presided over by Justice Adebukola Banjoko, ordered Nyame to begin his defence on March 8, 2017.

Nyame, who is standing trial for a 41-count charge of alleged criminal misappropriation of N1.64 billion state funds, had on January 18, 2017 through his counsel, Charles Edosomwan, SAN, urged the court to “hold that the testimony of prosecution witnesses have been so damaged and can’t be relied on”, and “the crucial elements are missing in this case”.

At the resumed sitting Tuesday, the trial judge, citing Sections 302, 303, 357 and 358 of the Administration of Criminal Justice Act 2015 noted that, it was in order for a defendant to apply to the court for a “no-case” submission, but the “court shall have discretion whether essential elements of the offence have been proven or not”.

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Justice Banjoko, further noted that a prima facie case implies a ground for proceeding, “it doesn’t require proof beyond every reasonable doubt, as is required to find a defendant guilty or not”, and, “whether the prosecution has made some case requiring clarification from the defendant no matter how slight”.

“In relation to this court, having had a close look at the evidence and exhibits, I hold that this case requires him to provide information and give explanation with regards to evidence presented by the prosecution, and so he is ordered to enter into his defence in the interest of justice,” the trial judge held.

 

 

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