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Buhari’s death delays plea bargain in Nyako’s N29bn fraud case

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The scheduled hearing of a proposed plea bargain between former Adamawa State Governor, Vice Admiral Murtala Nyako (rtd), and the Economic and Financial Crimes Commission (EFCC) over an alleged N29 billion fraud was stalled on Friday at the Federal High Court in Abuja.

At the resumed proceedings, EFCC counsel, Mr. Rotimi Jacobs (SAN), informed the court that the meeting necessary to finalise the plea deal could not hold due to the death of former President Muhammadu Buhari. He explained that the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi (SAN), who is central to the negotiation, was unable to confer with other parties during the national mourning period.

Jacobs requested a short adjournment to allow time for the meeting to be rescheduled. Nyako’s counsel, Barrister Mathew Onoja, and other defence lawyers did not oppose the request.

Justice Peter Lifu granted the adjournment, noting that the court had taken judicial notice of the seven-day mourning period declared by the Federal Government. The matter was adjourned until July 25.

At the previous hearing, Jacobs had informed the court that discussions for an out-of-court settlement were underway and nearing conclusion. Nyako’s lead counsel, Mr. Michael Aondoaka (SAN), had confirmed that negotiations had reached an advanced stage and expressed optimism that a resolution would soon be achieved.

The EFCC originally charged Nyako, his son Abdulaziz Nyako, and two others—Zulkifikk Abba and Abubakar Aliyu—with offences including criminal conspiracy, stealing, abuse of office, and money laundering. The alleged offences were committed between 2011 and 2014, during Nyako’s tenure as governor.

According to the EFCC, over N29 billion was siphoned from the Adamawa State treasury through five companies: Blue Opal Limited, Sebore Farms & Extension Limited, Pagoda Fortunes Limited, Tower Assets Management Limited, and Crust Energy Limited. The funds were allegedly laundered through estate developments in Abuja.

The prosecution further alleged that the funds, disguised as security allocations, were placed under the control of Ma’aji Iro, then Regional Manager of Zenith Bank Plc (North East), and withdrawn in tranches for personal use. These actions, the EFCC said, contravened Sections 15 (2)(a), (6), and 15 (3) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

The case had previously reached the Court of Appeal, which on January 18, 2022, upheld the trial court’s decision requiring Nyako and the other defendants to open their defence. The appellate court, in a unanimous ruling by a three-member panel led by Justice Olabisi Ige, found that the EFCC had established a prima facie case.

The defendants had earlier filed a no-case submission after the EFCC closed its case, having called 21 witnesses. They argued that none of the evidence directly implicated them and asked to be discharged. However, in a ruling on July 19, 2021, Justice Okon Abang ruled that the prosecution had presented sufficient evidence requiring the defendants to respond, thereby ordering them to enter their defence.

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