Posted by From GODWIN TSA and JOHN PAUL SARKI, Abuja on
Embattled former Governor of Taraba State, Reverend Jolly Nyame, has approached the Court of Appeal to set aside the decision of an Abuja High Court, which assumed jurisdiction to try him for allegedly stealing the sum of N1.6 billion meant for the state.
• Seeks stay of proceedings
Embattled former Governor of Taraba State, Reverend Jolly Nyame, has approached the Court of Appeal to set aside the decision of an Abuja High Court, which assumed jurisdiction to try him for allegedly stealing the sum of N1.6 billion meant for the state.
Consequently, the former governor is praying the court to stay proceedings on his trial pending outcome of the appeal.
Nyame had brought an application challenging the jurisdiction of the court to entertain the case brought against him by the Economic and Financial Crimes Commission (EFCC) for allegedly stealing the state fund to the tune of N1.6 billion while in office.
In the said application, he told the court that the funds he was alleged to have stolen were not Federal Government funds but that of the state.
An Abuja High Court on Tuesday assumed jurisdiction to try the former governor, who it said had a case to answer before it.
The former governor also asked the court, presided over by Justice Abimbola Banjoko, to quash the 41 charges preferred against him on July 13, 2007 for failure to disclose prima facie case against him.
Justice Banjoko, in her ruling on the objection filed by Nyame, said that her court had jurisdiction to hear the case.
According to her, the EFCC Act is wide enough to accommodate the charges against the accused.
The judge said: 'The AGF, under the law, has power to institute charges against any person in any court of law in the country.
'It is not the duty of the accused to determine where he would be tried. The facts before this court clearly revealed that offences have been committed and the statement of the witnesses linked the accused with the offences.
'The claim that the money belongs to Taraba State and not the Federal Government is baseless. The issue of the owner of the money does not arise. The claim that the right of the FG has not been breached is baseless."
Dissatisfied, Nyame has proceeded to the Court of Appeal, where he is praying it to upturn the decision of the lower court on the grounds that it lacked the territorial jurisdiction to hear the case.
His counsel, Mr. Emmanuel Toro (SAN) rooted the application under the provision of section 201(b) (c) of the 1999 constitution and order 45, rules 1 and 2 of the High Court of the federal Capital Territory (FCT).
The application for stay is further supported by a 13-paragraph affidavit, including 11-paragraph further affidavit as well as a written brief of arguments.
Moving the application before the court, Toro said the notice of appeal hinged on three arguable grounds, including that challenging the jurisdiction of the trial court to entertain the case.
He cited some legal authorities, including the case of Dalthu Vs Turaki (2003) 15 NWLR (PT 843) at page 310, to support his case.
While urging the court to be circumspect in deciding its jurisdiction, the lawyer noted that there would be nothing left for the court to decide on once his appeal is successful at the appellate court.
But in opposition to the application, counsel to the EFCC, Mr Adebisi Adeniji, contended that the application was incompetent in the sense that it was brought pursuant to civil procedure instead of the criminal procedure rules.
He also submitted that the cases cited by the applicant were not relevant to the case before the court.
Making reference to section 40 of the EFCC Act, which he said was a statutory legislation, the prosecution counsel urged the court to give effect to the provision and to refuse the application as incompetent.
After listening to the positions canvassed by both counsel, the trial judge, Justice Banjoko adjourned the case till January 17, 2008 for ruling.