N1.3b Fraud: How looted funds are shared – EFCC Witness

By Oscarline Onwuemenyi
ABUJA — A principal prosecution witness in the N1.3billion scam instituted by the Economic and Financial Crimes Commission, EFCC, against a former Taraba state governor, Rev. Jolly Nyame, has given more details on how millions of naira diverted from the state treasury was shared between the former governor and some officials.

Naigari Umar, an official of Taraba state government house and former accountant of the state ministry of finance on Thursday June 9th, 2011, also told a High Court of the Federal Capital Territory sitting in Abuja,that an important file containing sundry instructions and  payments to Salman Global Ventures Nigeria Limited, one of the companies used by Nyame to siphon public funds while holding sway as governor of the state was equally stolen to cover  tracks.

He told the court presided over by Justice Abimbola Banjoko, that shortly after the sum of N250million was issued to the company, an additional N200million instructed to be paid for office equipment and stationery suddenly disappeared.

He also revealed that he was invited to a hotel in Jalingo where  Nyame and a former Commissioner for finance, Abubakar Tutare persuaded him to issue a cheque for the initial N250million to Salman Global Ventures Limited, and that he acceded to the request when assured that a payment receipt would be issued to him in Abuja.

Umar also told the court how N35million was shared among the staff from an additional N200 million approved for the purchase of stationery in which only N165million was released and the remaining N35million shared among staff of the Ministry.

He explained that all of these monetary releases were made in the name of the Permanent Secretary in the Ministry of Finance, Miss Asabe Miamba.

Earlier, the Court had on June 8, 2011, ruled in favour of the EFCC over the tendering of certain documents namely Cheque, Teller and Indemnity form as exhibits against Nyame.

The exhibits are instruments of a bank which the prosecution is using as evidence of payment in the N1.3billion case against him. In his response, defence counsel, Barrister Olanikan Ojo, objected to the use of a memo contained in an official file referred to in the award of a fraudulent N250 million contract..
Umar had, during cross examination, told the court, of an existing document contained in an official file, with an anonymous beneficiary of a contract sum of N250 million.

It was in an attempt by the prosecution counsel, Barrister Rotimi Jacob, to tender the said memo before the court that the defence counsel, Ojo objected and said that the civil liability of the accused person 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”.

Ex-governor Nyame is facing a 41 count charge of money laundering, criminal breach of trust and gratification, totalling one billion, three hundred and sixty million naira (N1, 360,000,000).

Count one 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 reads, “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 entrust 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”.