Fresh Evidences against Rev Nyame, Prof. Borishade also in Aviation Scam

The Economic and Financial Crimes Commission, EFCC has filed a 71 page additional proofs of evidence against former governor of Taraba state, Rev. Jolly Nyame over his on-going trial in a case of N180 billion scam preferred against him just as more shocking revelations are coming out of the trial of the former Minister of aviation, Professor Babalola Borishade, and four others over alleged fraud of N5.6 billion for safe tower project.

The fresh evidences against Rev. Nyame were filed at the High Court of the Federal Capital Territory before Justice Adebukola Banjoko.

Among the additional proofs of evidence brought forward by the EFCC against Nyame are banks’ account opening packages by some aides of the former governor ; certified true copies of account opening packages of some of the aides of the former governor, certified true copies of statements of accounts and certified true copies of eighteen different cheque books.

At the resumed hearing of the case on June 10, 2010, Lateef Fagbemi, led 14 other defence counsels while Rotimi Jacobs led prosecution counsels.

Nyame who is being tried on allegations of stealing, criminal breach of trust, diversion of public funds, bribery and misappropriation of funds amounting to N180 million belonging to Taraba State government is facing a 41 count charge for fraudulent award of contracts and receiving gratifications.

He had tried to quash the charges preferred against him on several occasions since October 10, 2007 to that effect but were dismissed by various courts including the Appeal Court the Supreme Court. With the matter now before her lordship, Justice Banjoko warned counsel to both parties that she would not entertain frivolous applications or unnecessary delay as she was willing to see the case to the end. The matter has been adjourned to Friday for continuation of hearing.

Meanwhile more shocking revelations are coming out of  the on- going trial of  the former Minister of aviation,  Professor Babalola Borishade, and four others:  Rowland Iyayi, T. A. Dairo, George Eider and Avsatel Communications Limited  by the Economic and Financial Crimes Commission, EFCC,  over their  alleged fraudulent involvement in the N5.6 billion safe tower project.

At the resumed hearing of the case on Wednesday, June 9, 2010, before Justice Umar Sadiq of the Federal Capital Territory High Court,  sitting in Maitama, Abuja,  principal prosecution witness,  Reuben Omosie, testified that in the course of  his investigations of the case,  the former director general, Nigerian Airspace Management Agency,  NAMA, Roland Iyayi, confessed that F- Colman and Aero Enterprises, the two companies involved in the scam,  were all fictitious companies used in perpetrating the N5.6billion scam.

This revelation did not go down well with the accused persons,  as counsel to the 3rd accused, Chief Adegboyega Awomolo,  SAN, in his efforts to discredit  the witness,  prayed the court to discountenance his cross examination by the prosecution, saying that all his testimony are already contained in the of proof of evidence. He also kicked against the admissibility of Iyayi’s written statement, saying that it would be illegal to do so. He argued that the statement made by Iyayi was not voluntary as claimed by the witness, rather, it was made under duress. All the other counsel aligned themselves with the position of Awomolo.

In his response, a counsel to the Economic and Financial Crimes Commission EFCC, Sylvester Hon, objected to Awomolo’s reservations, saying there was no authority in the Evidence Act limiting a witness during cross examination. He also said that by objecting to the  admissibility of the accused written statement, the defence counsel were merely rooting for trial within trial, buttressing that all these are avenues to delay proceedings.

The presiding Judge, Justice Umar Sadiq after listening to all the arguments, ruled that the defence counsel could go on with trial within trial, if they so wished.

The case has been adjourned till 7th July 2010 for continuation of trial.

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