Murtala Nyako, the former governor of Adamawa State, Wednesday, said he has no case to answer in the N29bn fraud case filed against him by the Economic and Financial Crimes Commission (EFCC).
He told a Federal High Court, Abuja, that the money laundering charge filed against him and others, was spurious and lacked evidence.
Nyako, who prayed the court to strike out the suit in a no-case submission motion filed by his team of lawyers led by Chief Kanu Agabi, on behalf of 1st, 2nd, 6th and 7th defendants, told the court that the prosecution has not been able to make out any case against him.
He said there was no case against him that requires him to open defence.
He said all the 21 witnesses called by the prosecution, no one was able to provide a single shred of evidence that suggested even remotely that a case had been made out against them.
“Apart from the fact that the charges are in themselves incompetent and irredeemably bad thereby rendering the entire trial a nullity,” Nyako said.
According to them, the prosecution made allegations against persons and companies who were not charged.
“The allegations made against these companies and individuals constitute elements of the offences charged.
“In order to succeed in all the counts, these elements must be proved. These elements cannot be proven behind the back of the companies and individuals against whom the allegations were made, having not been charged.
“Even if these companies and individuals were called as witnesses, that would not have been sufficient but none of them except Mary P was called.
“The failure to charge these companies and individuals against whom allegations were made in these counts constitute a failure of the prosecution to prove essential elements of the counts.”
Justice Okon Abang, the trial judge, after listening to the submission of the defendants gave the prosecution seven days to file and serve their written address.
The court then adjourned the case to March 25 for parties to adopt their written addresses for and in opposition to the defendants’ no-case submission.
The EFCC is prosecuting Nyako; his son, Abdulaziz Nyako; two companies, Sebore Farms and Extension Ltd and Pagado Fortunes Ltd who are 1st, 2nd, 6th and 7th defendants respectively in the trial.
Others are Zulkifik Abba, Abubakar Aliyu, Blue Opal Ltd, Tower Assets Management Ltd and Crust Energy Ltd are 3rd, 4th, 5th, 8th and 9th defendants respectively.
The EFCC had arraigned them on a 37-counts bordering on money laundering allegedly perpetrated while Nyako was Adamawa governor.
The anti-graft agency had called 21 witnesses to establish its case against the defendants.
Felix Omohomhion, Abuja
