The FCT High Court has dismissed a “no-case” submission of Mr. Jolly Nyame, former governor of Taraba state, who is being tried for N1.64 billion fraud.
Justice Adebukola Banjoko of FCT High Court, Gudu, on Tuesday ordered Nyame to begin his defense on March 8.
Nyame is standing trial on a 41-count charge of criminal misappropriation of N1.64 billion state funds.
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 enter into his defense in the interest of justice.
Credit: Sahara Reporters
