An FCT high
court has said that former Taraba State governor. Rev. Jolly Nyame has a case
to answer in the ongoing N1.64 billion alleged fraud for which he is being
tried.
Justice
Adebukola Banjoko of FCT high court Gudu gave the ruling today, and
consequently ordered Nyame to begin his defence on March 8
Nyame who is
standing trial on a 41 count charge bordering on criminal misappropriation of
N1.64 billion state fund, had earlier made a no- case submission to the court
The
ex-governor had on January 18, through his counsel, Mr. Charles Edosomwan,
urged court to “hold that the testimony of prosecution witnesses have been so
damaging and can’t be relied on” and “the crucial elements are missing in this
case”.
At the
resumed sitting on Tuesday, the court cited Sections 302, 303, 357 and 358 of
the Administration of Criminal Justice Act 2015 to back its decision.
It 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”.
The court
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.
The court
ordered Nyame to commence his defense in the interest of justice.
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