Nyako’s N29bn Fraud Trial Stalled By Malami’s Gubernatorial Ambitions, Fmr AGF Aondoakaa Alleges

A Federal High Court in Abuja heard on Thursday how former President Muhammadu Buhari’s effort to free former Adamawa Governor Murtala Nyako in his ongoing N29billion money laundering trial was frustrated by ex-Attorney General of the Federation (AGF), Abubakar Malami.

A former AGF, Michael Aondoakaa (SAN), said Buhari had directed Malami to liaise with the Economic and Financial Crimes Commission (EFCC) to work out a way for the case settled out of court on account of Nyako’s age.”

He added: “But politics got in the way of the negotiation because the then Attorney-General wanted to be governor of Kebbi State.”

Aondoakaa, who was reacting to an assertion by the prosecuting lawyer, Oluwaleke Atolagbe that the defendant’s had sought to plea bargain, said the prosecution’s claim of a plea bargain was misleading because it connotes an admission of guilt on the part of the defendants.

The ex-AGF, who is lawyer to Nyako, said: “I would like to clarify that it was not necessarily a plea bargain but a move to settle the matter.

“But Mr. Malami was not available due to politics. He wanted to be governor of Kebbi State,” he said.

Nyako, 81, was the Governor of Adamawa State from 2011 to 2015.

Atolagbe had told the court that there were moves by the Nyakos to strike a plea bargain with the government.

Nyako,his son Abdulaziz and others were re-arraigned on Thursday before Peter Lifu of a Federal High Court on a 37-count charge ordering on money laundering, diversion, among others offences.

Other defendants in the case are Zulkifik Abba, Abubakar Aliyu, Blue Opal Ltd, Tower Assets Management Ltd and Crust Energy Ltd.

The defendants all pleaded not guilty when the charge was read to them. But, Nyako went beyond mere pleading not guilty.

While seated in the dock, Nyako claimed that attempts were made on four occasions to assassinate him.

He was however silent on the identity of whoever was behind the alleged assassination attempts.

When the charge was read to him, rather than merely pleading either guilty or not, Nyako further said that now that enemies plots failed, they brought him to court on frivolous charges.

At a point, he also said: “I do not have the faintest idea about the allegation,” when he was asked to enter his plea in relation to a court just read to him.

Looking straight at the court clerk who was reading the charge, Nyako said: “You want to send me to jail so that I die”?

The trial judge, Justice Peter Lifu later intervened and asked the ex-Governor to be calm, reminding him that he will have a time to enter his defence in the course of the trial.

His son, who was also with him in the dock, prevailed on him to remain calm.

Shortly after their pleas were taken, their lawyers urged the court to adopt the bail earlier granted them by the previous trial judge, a request which Atolagbe did not object to.

In a ruling, Justice Lifu allowed the defendants to continue to enjoy the previously granted bail and adjourned till May 10 for the commencement of trial.

Nyako and others were first arraigned on 8 July 2015 before Justice Evoh Chukwu (now late). When Justice Chukwu died on June 8, 2016.

The case was transferred before Justice Okon Abang, before whom they were arraigned on September 12, 2016.

The reassignment of the case to Justice Lifu was informed by Justice Abang:s elevation to the Court of Appeal.

Recalling the history of the case, Atolagbe said the prosecution had called 21 witnesses and closed its case before Justice Abang.

He added that upon the closure of the prosecution’s case, the defendants made no-case submissions, which the court rejected and ordered them to enter their defence.

They appeal the decision at the Court of Appeal, but lost when the appellate agreed with Justice Abang’s finding that the prosecution has established a prima facie case against them, requiring them to enter their defence.

They were still being expected to enter defence when Justice Abang was elevated to the Court of Appeal.

Atolagbe explained that the counts on the charge against the defendants are in different categories.

The first category, he said, include counts one to 14 bordering on the offence of conversion, punishable under Section 15 of the Money Laundering Act.

He said the second category, which relates to counts 15, 16, 17, 18, 22, 23, 34, 35, “borders on disguising the genuine origin of proceeds of crime under the same section of the act.”

The third category, relating to counts 19, 20, 21, 30, 31, 32, and 33 bordered on “collaborating in disguising the genuine origin of proceeds of fraud.

The prosecuting lawyer added that counts 24, 25, 26, 27, 28 and 29 constitute the fourth category which bordered on obtaining money under false pretence, under Section 1(1) and (3) of the Advance Fee Fraud Act and other related offences.

“The 5th category of the offences that the defendants were charged with is conspiracy to launder funds which relates to count 36, and they were charged under Section 15(10) and (18) of the Money Laundering Act,” he said.

Atolagbe added that the sixth category of the charge is conspiracy to obtain money by false pretence, as contained in count 37.