The Court of Appeal Abuja Division has affirmed the judgment of the federal high court and ordered former governor of Adamawa State, Air Marshal Murtala Nyako (rtd) his son Senator Abdullazeez Nyako and seven others to face their 37 counts criminal trial at federal high court by entering their defense.
In a unanimous ruling on Tuesday Court of Appeal dismissed ex – GovMurtala Nyako appeal. The appellant had filed the appeal against the ruling of ruling of Justice Okon Abang delivered on July 19, 2021 wherein the appellants were ordered to enter their defense on the N29bn fraud charge.
Delivering the lead ruling in the appeal, the presiding Justice Olabisi Ige resolved the four issues raised by the appellant against the appellant.
He held that the oral and documentary evidences adduced by the 21 witnesses at the lower court have established prima facie case linking the defendants with the alleged offences which he need to explain particularly as the prosecution have established ingredients of offences.
He said the documentary evidences and oral evidence support the decision of the trial court judge that a prima facie case has been made out against the appellant.
Thirdly that the complainant of the appellant that some persons involved were not charged as unfounded and not supported by law.
Fourth, the Court of Appeal disagreed with appellant that the evidence of the investigation officers particularly PW 20 was a hear say evidences.
Justice Ige therefore held that the appeal lacked merit and consequently dismissed the appeal. The court ordered the appellants to immediately enter their defence.