Buhari’s death stalled settlement talks with Nyako over N29bn fraud charges

The proposed out-of-court settlement between the Economic and Financial Crimes Commission (EFCC) and former Adamawa State Governor, Murtala Nyako, regarding an alleged N29 billion fraud has been stalled due to the death of former President Muhammadu Buhari, prosecution lawyer Rotimi Jacobs said Friday.

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Mr Jacobs, a Senior Advocate of Nigeria (Abubakar Aliyu.), said this while updating trial judge Peter Lifu of the Federal High Court in Abuja about the matter on Friday.

However, reporting to the judge on Friday, prosecution lawyer said the Attorney-General of the Federation, Lateef Fagbemi, also a SAN, who is involved in the negotiations, could not meet the parties because of the national mourning declared by President Bola Tinubu, after Mr. Buhari’s death.

Mr Buhari died on 14 July at the age of 82 in a London hospital and was buried on 16 July in his hometown of Daura, Katsina State. The federal government declared Tuesday a public holiday and a seven-day national mourning in honour of the deceased former president. The seven-day mourning period will lapse on 21 July.

Friday marks the second occasion within a week that the hearing has been postponed due to ongoing settlement discussions in the case.

PREMIUM TIMES reported that the judge, last Friday, rescheduled proceedings for today after the prosecution and the defence asked for a week to conclude their settlement talks.

In his feedback to the judge, Mr Jacobs told the judge that the AGF had instructed him to seek a short adjournment to allow time to conclude the settlement process.

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Mr Nyako’s lawyer, Mathew Onoja, did not oppose the request. Other defence lawyers also raised no objections.

In a brief ruling, Mr Lifu granted the adjournment, noting the absence of opposition and acknowledging the seven-day mourning period declared by the federal government.

He adjourned the matter until 25 July.

Background

In 2015, the EFCC filed 37 counts of conspiracy, stealing, abuse of office, and money laundering to the tune of N29 billion, against Mr Nyako, his son Abdul-Aziz Nyako, Zulkifik Abba and Abubakar Aliyu.

The anti-corruption agency charged them alongside some companies – Sebore Farms and Extension Ltd, Pagado Fortunes Ltd, Blue Opal Ltd, Tower Assets Management Ltd, and Crust Energy Ltd – which they allegedly used to divert the funds from the coffers of Adamawa State.

The EFCC alleged that Mr Nyako, who was the Adamawa State governor from 2007 and 2014, used state funds for personal enrichment, channeling the money through companies owned by his family members and associates.

The trial commenced in July 2015 before Evoh Chukwu of the Federal High Court. However, following the judge’s death in June 2016, the matter was reassigned to Judge Okon Abang and restarted on 12 September 2016.

In 2021, Mr Abang ruled that the former governor and his co-defendants had a case to answer, dismissing their no-case submission.

The court relied on the testimonies of witnesses and other pices of evidence that over N1.8 billion in the state’s funds was laundered through companies linked to the defendants.

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But upon Mr Abang’s elevation to the Court of Appeal in 2023, the case began afresh before the current judge, Mr Lifu.

Mr Nyako, a retired naval officer, served in his post-military career, as Adamawa State governor from 2007 to 2014, when he was impeached and removed from office by the state House of Assembly over allegations of gross misconduct and financial impropriety.

The former governor, whose wife, Binta Nyako, is a serving judge of the Federal High Court, challenged his removal from office in court. In February 2016, the Court of Appeal in Yola nullified the action, declaring it a violation of due process.