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“EFCC, Nyako Exploring Plea Deal” — Court Adjourns ₦29bn Fraud Case For Report On Settlement Progress

Murtala Nyako

The Federal High Court in Abuja on Friday temporarily suspended further hearing on the money laundering charge filed by the Economic and Financial Crimes Commission (EFCC) against a former Governor of Adamawa State, Admiral Murtala Nyako (rtd).

Justice Peter Lifu took the decision after being informed of the defendant’s intention to enter into a plea bargain with the anti-graft agency.

In the charge before the court, the EFCC alleged that Nyako and his son, Senator Abdulaziz Nyako, conspired with two other defendants—Zulkifikk Abba and Abubakar Aliyu—to divert over ₦29 billion from the Adamawa State treasury between January 2011 and December 2014.

The defendants allegedly used five companies—Blue Opal Limited, Sebore Farms & Extension Limited, Pagoda Fortunes Limited, Tower Assets Management Limited, and Crust Energy Limited—to illegally divert public funds.

The charges border on criminal conspiracy, stealing, abuse of office, and money laundering.

The EFCC told the court that the defendants, in a bid to conceal the illicit origin of the stolen funds, embarked on the development of estates in Abuja.

It said it traced various cash lodgements made by Nyako and his son into several bank accounts operated in the names of the implicated companies.

The Commission also alleged that large sums of money, purported to be security funds, were illegally placed under the control of one Ma’aji Iro, then Regional Manager of Zenith Bank Plc, North East.

According to the EFCC, the funds were sequentially withdrawn through the bank manager and channelled for private use, contrary to Section 15 (2)(a) and (6) of the Money Laundering (Prohibition) (Amendment) Act, 2012, and punishable under Section 15 (3) of the same Act.

In a counter-affidavit deposed by one of its lead detectives, Mr. Adekunle Christopher Odofin, the EFCC further revealed that both the bank manager, Iro, and another key witness, Abdulmalik Dalhatu, died under mysterious circumstances shortly after testifying against the accused former governor.

However, the defendants, who were first arraigned on August 7, 2015, pleaded not guilty to all the allegations.

At Friday’s resumed proceedings, EFCC counsel Rotimi Jacobs, SAN, informed the court that both parties had begun discussions on a possible out-of-court settlement.

According to him, by the next adjourned date, both sides should have resolved all outstanding issues to enable the court to formally terminate the proceedings.

Nyako’s counsel, Chief Michael Aondoaka, SAN, confirmed the development, noting that discussions had reached an advanced stage. He expressed optimism that the matter would be amicably resolved.

After hearing from both sides, Justice Lifu adjourned the matter until July 18 for a report on the settlement.

It will be recalled that the Abuja Division of the Court of Appeal, on January 18, 2022, ordered Admiral Nyako (rtd) and his son to enter their defence to the 37-count money laundering charge.

In a unanimous decision, the appellate court, led by Justice Olabisi Ige, held that the EFCC had established a prima facie case requiring explanation from the defendants.

The court dismissed separate appeals by Nyako, his son, and the other defendants, who had sought to upturn the ruling of the trial court that rejected their no-case submissions.

After the EFCC closed its case—having called 21 witnesses—the defendants urged the trial court to discharge and acquit them, arguing that the evidence presented was insufficient to compel them to open their defence.

They maintained that none of NAIJAONPOINT es directly implicated them.