A Federal Capital Territory High Court, in Gudu, has ordered a former governor of Taraba State, Jolly Nyame, to begin his defence on March 8, after the presiding judge, Justice Adebukola Banjoko, on February 14, dismissed his application for a “no-case” submission.
Nyame, who is standing trial for a 41-count charge of criminal misappropriation of N1.64 billion state funds, had on January 18, through his counsel, Charles Edosomwan, SAN, urged the court to “hold that the testimony of the prosecution witnesses have been so damaged and can’t be relied on”, and that “the crucial elements are missing in this case.”
At the resumed sitting, the trial judge, citing Sections 302,
303, 357 and 358 of the Administration of Criminal Justice Act 2015, noted that it was in order for a defendant to apply to the court form a “no-case” submission, but the “court shall have discretion whether essential elements of the offence have been proven or not.”
Justice Banjoko, further 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, and so he is ordered to enter into his defence in the interest of justice,” the trial judge held.
