A Federal High Court in Abuja was today told how a former governor of Taraba state, Reverend Jolly Nyame, verbally queried Mr. Maigari Umar, an official of Taraba State Government House, for refusing to pay a phony contractor the sum of N200 million.
A Federal High Court in Abuja was today told how a former governor of Taraba state, Reverend Jolly Nyame, verbally queried Mr. Maigari Umar, an official of Taraba State Government House, for refusing to pay a phony contractor the sum of N200 million.
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Mr. Nyame is being tried on 41 counts pertaining to money laundering, criminal breach of trust and gratification to the tune of N1.3 billion during his tenure as governor of Taraba State.
At the resumed hearing of the case today, Mr. Umar disclosed during cross-examination by defense counsel, Mr. Olanikan Ojo, that he was summoned by a former Commissioner of Finance in Taraba State to a hotel in Jalingo to explain his refusal to pay the contractor for non-execution of a contract for the supply of stationery and office equipment.
“When I got to the hotel, I saw the governor, the Commissioner of Finance and a representative of the contractor. The ex-governor was about to leave when he spoke to me in Hausa, pointing to the representative of the contractor. [He repeated the Hausa words spoken to him]”. Mr. Umar was about to interpret the statement when the defense counsel objected to his interpretation of himself.
In response, prosecution counsel, Rotimi Jacobs, argued that Umar was at liberty to explain in English what the governor said in Hausa. After a protracted argument, Justice Adebunkola Banjoko invited the court registrar, Mr. Abubakar Shehu, to translate the governor’s Hausa words into English. The registrar translated the words as, “Why did you not pay this person?”
Mr. Umar also told the court how a few public officials subsequently shared the N200 million. He testified that he prepared a cheque for the sum of N35 million to be shared by Mr. Maraba Nafia, a former Deputy Speaker of the Taraba State House of Assembly, a former personal assistant to the Finance Commissioner, and Mr. Baba Gambo in the sums of N15 million, N4 million and N16 million respectively. The balance of N165 million was paid to Salman Venture Limited, a company allegedly owned by a friend of the governor.
The witness also disclosed that the sum of N8 million was later released to staff of the department to be shared. Of the amount, he said the former Commissioner took N2 million while N6 million was shared among other staff of Government House.
After listening to the testimony, Justice Banjoko adjourned the case till Wednesday, July 13th, 2011 when another prosecution witness is scheduled to testify.
At the trial’s prior adjourned date of June 7, 2011, the defense counsel had argued that Mr. Nyame’s defense would be in great jeopardy should the prosecution be allowed to utilize the content of an official document not made available to the defense in prosecuting the former governor.
Defense counsel, Mr. Olanikan Ojo, had objected to the use of a memo contained in an official file which the prosecution witness, Maigari Umar, made reference to in the award of a fraudulent N200 million contract. During cross-examination, Mr. Umar had told the court of the existence of a document in an official file detailing an anonymous beneficiary of a contract in the sum of N200 million.
Mr. Ojo objected to an attempt by the prosecution counsel, Mr. Jacob, to tender the said memo before the court. Mr. Ojo argued that his client’s civil liability was dependent upon the terms of the contract. “It has not been demonstrated that the accused person was a party to the document in question. Tendering the document before the court therefore is manifestly irrelevant and inapplicable,” he said.
Mr. Jacobs countered the objection by referring the court to Section 134 of the Evidence Act. He contended that it was not possible to give an oral evidence of a document not yet tendered before the court. He also stated that the witness’s statement had been forwarded to the defense counsel more than three years ago. “The issue of ambush or surprise therefore is uncalled for. What the witness has said is in line with his statement he made three years ago,” Mr. Jacobs stated.
The trial of former Governor Nyame is seen as one of test cases of the government’s uncertain commitment to the prosecution of former top officials indicted on charges of fraud and money laundering.
Count one of the case against Mr. Nyame reads, “That you, JOLLY TEVORU NYAME between January and February, 2005 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory, while being the Governor of Taraba State of Nigeria and in such capacity entrusted with dominion over certain property to wit: the sum of N250,000,000.00 (two hundred and fifty million naira) meant for the purchase of stationeries by the Taraba State Government committed criminal breach of trust in respect of the said sum and you thereby committed an offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990”.
Count 2: “That you Jolly Tevoru Nyame between January and February, 2005 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory, while being the Governor of Taraba State of Nigeria and in such capacity entrusted with dominion over certain properties to wit: funds meant for the purchase of stationeries by the Taraba State Government committed criminal breach of trust in respect of the said funds by collecting the sum of N180,000,000.00 (one hundred and eighty million naira) from the entire sum for your personal use and you thereby committed an offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of Federation of Nigeria 1990”.
Count 6: “That you Jolly Tevoru Nyame on or about 14th February, 2005 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory while being the Governor of Taraba State of Nigeria and in such capacity entrusted with dominion over certain properties to wit: the sum of N165,000,000.00 (one hundred and sixty five million naira) committed criminal breach of trust in respect of the said sum and you thereby committed an offence punishable under Section 315 of the Penal Code Act Cap 532 laws of Federation of Nigeria 1990.”
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