N40bn fraud trial: Defendant seeks Court order for EFCC to produce 3 witnesses for cross-examination

The lead counsel to Zulkifik Abba, the 3rd defendant in the suit filed by Economic and Financial Crimes Commission (EFCC) against former Adamawa State Governor, Murtala Nyako and his son, Sen. Abdulaziz Nyako, has asked the Federal High Court, Abuja, to order the EFCC to produce three of its witnesses for cross-examination.

Yakubu Maikyau (SAN) made the oral application, on Wednesday, before Justice Okon Abang as the prosecution gave indication to close its case.

The EFCC had charged the former governor, along with others on 37 counts for laundering N40 billion state fund while in office as the Governor of Adamawa State.

Also arraigned along with them was Abubakar Aliyu and firms allegedly used to perpetrate the fraud which were joined as the 5th to the 9th defendants were Blue Opal Ltd, Pagoda Fortunes Ltd, Tower Assets Management Ltd and Crust Energy Ltd.

At the resumed hearing on Wednesday, Counsel to the EFCC, Rotimi Jacobs, (SAN), had indicated his interest to close his case, having taken the evidence of Kobis Arithimni, who was Secretary to Adamawa State Government during Nyako’s administration, via video link in the last sitting.

Arithimni, who presently resides in the United Kingdom (UK), gave his testimony on November 5.

However, Maikyau, who opposed to the closure of the case, on Wednesday, told the court that since the prosecution was unable to call all its witnesses on its list, the prosecution is under obligation, upon request by the defendant, to present such witnesses for purpose of cross examination by the defence.

“I stand to make the application on behalf of the 3rd defendant that the prosecution be directed by this honourable court to make available witnesses number 12, 26 and 27,” he appealed.

The lawyer, who noted that these witnesses were yet to be called by the EFCC, said the call became necessary in the spirit of fair hearing.

Acknowledging that though the prosecution is not bound to call all the witnesses listed by it, Maikyau said the 3rd defendant wanted to take advantage of the principle of law that has been made available to the defence which is only consistent to the principle of fair hearing.

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Counsel to the EFCC, Mr. Jacobs, who opposed the oral application, sought for more time to respond to the prayer and the earlier request by the 2nd defendant, Abdulaziz Nyako, to travel abroad.

Justice Abang adjourned until November 19 to enable the prosecution to reply.