The former governor of Adamawa
State, Murtala Nyako, and his son, Abdul-aziz, are currently facing trial at
a Federal High Court in Abuja for different cases of alleged corruption.
The Nyakos and others are
standing trial in a 37-count charge bordering on criminal conspiracy,
stealing, abuse of office and money laundering to the tune of N29 billion
preferred against them by the Economic and Financial Crimes Commission (EFCC)
as they are alleged to have at various times between 2011 and 2013, used five
companies – Blue Opal Nigeria limited, Sebore Farms & Extension Limited,
Pagoda Fortunes Limited, Towers Assets Management Limited and Crust Energy
Limited to commit the alleged fraud.
As their trial continued,
former acting governor of Adamawa State, Ahmadu Umaru Fintiri was also
arraigned before an Abuja High Court on similar but different charges.
Mr. Fintiri was last month
arraigned by the EFCC on a five-count charge bordering on money laundering.
He was said to have defrauded
the Adamawa government to the tune of N970 million and 4.8 million dollars
when he was the governor of the state for three months.
As is to be expected, each of
the cases has been unique in hearing and other processes that will lead to
the determination of the case.
In the case involving
Abdulaziz Nyako, the court last month, ordered the EFCC to pay the sum of
N12.5 million being exemplary damages in favour of the senator for unlawful
freezing of his account and illegal detention.
This is because the judge,
Justice Gabriel Kolawole, held while delivering judgment in the fundamental
rights enforcement suit, that Senator Nyako, was detained in the custody of
the commission in excess of the period prescribed by law.
The court in the same judgment
also held that declaring the younger Nyako ‘wanted’ without evidence of crime
is tantamount to a breach of his fundamental human rights by the EFCC.
Justice Evoh Chukwu of the
Federal High Court Abuja in a similar vein blamed the EFCC for delaying
judgment on former governor Nyako’s case.
This was after the counsel to
Nyako, Yakubu Maikyau said they needed to study a document tendered by the
EFCC counsel because it was voluminous before going on with the
cross-examination which justice Chukwu sustained explaining that the document
should have been served to Nyako’s counsel, Maikyau long before now, adding
that the fresh document amounts to delay of judgment.
But before the
conclusion of the case, Justice Chukwu who was handling the trial of the
former Adamawa State governor and his two children as well as other major
cases like the trial of former officials of the Nigerian Football Federation
(NFF), Sani Lulu, Taiwo Ogunjobi and others died.
The Chief Judge of the Federal High Court, Justice Ibrahim
Auta, then re-assigned the case to Justice Okon Abang following the death of
Chukwu in June.
The case was initially scheduled to commence afresh by way
of re-arraignment on July 7. However, the court could not sit due to the extension
of the Eid-el-Fitri holiday announced by the Federal Government on July 5,
further delaying the case as the EFCC will now have to re-arraign the former
governor and his son before Justice Okon Abang on September 12, 2016.
Even as the matter has dragged due to no fault of the accused persons, it is pertinent to point out that the delay in dispensing with the case, which the late judge complained about is set to further aggravate with the processes, as the new judge handling the case needs time to appraise himself with the facts of the matter.
But of serious concern is
another coincidence, having to do with the fact that the wife of the former
governor, who is a step mother to the other accused person, who are both
being arraigned, is also a judge in a federal High Court in Abuja.
Previous cases that are
similar in nature have raised concerns in the past and it will not be out of
place to ask certain questions if only to ensure a fulfillment of a vital
requirement in the dispensation of justice, which is seeing that justice is
not only done but seemed to be done.
Candidate of the All
Progressives Congress (APC) in the last governorship election in Rivers
State, Dr. Dakuku Peterside, not long ago raised an issue out of a similar
coincidence when the wife of a former governor of the state, Justice Mary
Odili, who is believed to be close to Governor Nyesom Wike, a party in a
matter that went to the Supreme Court, was serving as a judge when the apex
court delivered its judgment.
Peterside said "credible
information" confirmed that Wike had met with the Supreme Court justices
that sat on the matter at different places before the judgment was delivered
stressing that Wike himself confirmed during his thanksgiving service that
former governor of the state, Dr. Peter Odili, and his wife, Mary (a justice
of the Supreme Court), were his advisers.
He said, "Despite my
acceptance and temperate public comments on the verdict of the Supreme Court
on January 27, 2016, Wike, by his unguarded utterance last Sunday, seems to
give credence to the pervading doubt being expressed on the judgment in
public space especially in the media”.
"For the record, in his
speech at the church service, Wike probably forgot that he was on live
telecast when he stated: 'Let me thank our former governor, Dr. Peter Odili
(husband of Supreme Court Justice, Mary Odili). He will call me midnight to
tell me what to do....he will say go so so place." I took all his
advice, and here we are today."
Though Wike reacted by saying
Peterside was crying wolf and trying to incite President Muhammadu Buhari and
the military against the governor and the people of the state, the point made
by Peterside cannot be waved aside.
Parties usually feel
uncomfortable if they notice any development that would erode their confidence
in the impartiality of the courts and the court, when such issues are raised
usually obliges in order to give a sense of justice to all.
It is to avoid such
accusations and doubts in the judicial system that it becomes imperative to
point out that having both Nyako and his son, tried before an Abuja Federal High
Court when a member of their family is a judge within the same precinct
should call for concern.
Not only that, but there is
also the need to draw attention to the case of the former acting governor,
Fintiri, coming in an Abuja Federal High Court for the same reason.
Fintiri it was who played a
major role as speaker of the Adamawa State House of Assembly that led to the
impeachment of Nyako in 2014.
If the coincidence in the case
of Nyako and his son can be ignored on the basis that the facts of the case
would speak for itself, that of Fintiri should bother any unbiased mind due
to the no love lost relationship between him and members of the Nyako family.
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