10 Years On, Trial Of Former Adamawa Governor Nyako’s Son Lingers

On August 27, 2025, former Ad­amawa State Governor, Ad­miral Murtala Nyako (rtd) will clock 83 years. Nyako had a glorious and historic stint in the Nigerian Navy, having served as Chief of Naval Staff from 1990 to 1992, and was appointed the Deputy Chief of Defence Staff before retiring from the Service in September 1993 with the rank of Vice Admiral.

Previously, Nyako had served as military governor of Niger State from its creation in 1976 to 1977.

Upon retirement, the Mayo-Bel­wa born naval chief ventured into agriculture and later politics in 2006. Nyako’s political activities culminat­ed in his election as Adamawa State Governor in April 2007.

Barely a year in office, the Adama­wa State Election Petition Appeal Tribunal annulled his election and or­dered a rerun; and Speaker of the Ad­amawa State House of Assembly, Hon. James Barka was sworn in as Acting Governor on 26 February 2008. Nyako returned as Governor after the rerun poll in April 2008, and was re-elected for a second term in 2012.

On 15 July 2014, Nyako was im­peached by the Adamawa State House of Assembly, but on 11th February 2016, the Court of Appeal declared the impeachment as illegal, null and void and ordered that all his entitlements accrued from the date of impeach­ment be paid to him. The Supreme Court on December 16, 2016 upheld the decision of the court below.

However, shortly after a remark­able achievement as Adamawa State Governor, the retired Admiral’s life after the Dougirei House, though he never lived there, became a nightmare following the election of Muhamma­du Buhari as President of Nigeria in 2015. Few months on assumption of office, the Buhari government launched a ferocious attack on some former governors, politicians and top government functionaries over vary­ing degrees of corruption allegations.

Many opine that Nyako is one of those unfortunate former governors cut up by the web of Buhari’s corrup­tion war, which till date is construed in some quarters as selective, vindictive and persecution of perceived political foes.

Precisely, on July 8, 2015, former Governor Nyako, was arraigned at the Federal High Court Abuja, by the Economic and Financial Crimes Commission (EFCC), alongside his son, Senator Abdulazeez, over alleged misappropriation of N29billion gov­ernment funds.

Others docked alongside Nyako and son on a 37-count charge are, Zu­lkifikk Abba, Abubakar Aliyu, Blue Opal Ltd, Sebore Farms and Exten­sion Ltd, Pagoda Fortunes Ltd, Tower Assets Management Ltd and Crust En­ergy Ltd. Nyako and his co-defendants were arraigned on a charge marked FHC/ABJ/CR/293/2015, before Jus­tice Evoh Chukwu. The defendants secured bail on July 10, 2015, through their counsel, Kalu Agabi (SAN), and hearing got underway. Unfortunately, after the EFCC counsel, Oluwaleke Atolagbe, had called 8 witnesses, the case suffered a huge setback follow­ing the passage of Justice Chukwu on June 8, 2016. The matter was later assigned to Justice Okon Abang; and Nyako, his son as well as the other defendants were re-arraigned on Oc­tober 17, 2016 on the same charge.

Justice Abang presided over the case, and on 27 July 2017, he grant­ed Nyako and Abba’s pleas to travel abroad and to return on or before September 25, which the defendants obeyed.

As the matter progressed, at some point in 2019, it witnessed a slow pace during the COVID-19 pandemic. Un­der Justice Abang, the EFCC had called additional 21 witnesses and closed its case. On July 9, 2020, the prosecution counsel prayed the court to order Nyako and his co-accused to open their defence.

While insisting on their innocence, the defendants filed a no-case-submis­sion.

A defendant in a charge makes a no-case submission after the prosecution had presented its case, seeking acquit­tal without presenting a defence. It is a legal principle based on the presump­tion that the prosecution has failed to establish the defendant’s connection to the alleged crimes despite presenting witnesses and evidence.

On July 16, 2021, the court heard the no-case-submission, and fixed July 19, either for ruling on the appli­cation filed by Nyako and three others, or deliver judgment on the case. On 19th July 2021, the Judge dismissed the no-case-submission and ordered the Defendants to open their defence.

Apparently at loss with the order dismissing their no-case-submission, the defendants on October 4, 2021, re­turned to the Federal High Court Abu­ja, with a motion for stay, which the court heard on October 7 and 9; and on November 8, 2021, Abang dismissed the motion.

Upon appeal, Justice Olabisi Ige, leading a 3-man panel of the Court of Appeal, Abuja Division, on January 18, 2022, upheld the judgement of Jus­tice Abang, which had on July 19, 2021, ordered the Defendants to open their defence at the Federal High Court.

Nevertheless, the hearing wit­nessed another delay following the el­evation and subsequent swearing-in of Justice Abang, as a Justice of the Court of Appeal on 20 September 2023.

At this point, it is pertinent to rec­ollect that Nyako had served as Chief of Naval Staff under the then Mili­tary Head of State, General Ibrahim Babangida, who later ousted Buhari as Head of State on August 27, 1985.

Many believe that Nyako’s travail under the Buhari administration dat­ed back to issues of rivalry and loyalty in their military era.

Nyako was one of the seven PDP Governors (G-7) that rebelled and left the party for the APC on November 26, 2013. Considering his role and defec­tion to the APC, and subsequent vic­tory of Buhari in the 2015 presidential election, some political analysts never expected that Nyako would be made to pass through the rigours of court case under the Buhari administration.

However, during the winding up days of the Buhari government, spec­ulations were rife that plea bargain talks were on the table with the former President alleged to have tried to influ­ence the EFCC to drop the charges due to Nyako’s age.

But the poser on the lips of many followers of the Nyako ordeal is: if the Buhari administration actually want­ed Nyako discharged and acquitted, why did the talks to find a political solution fail?

Presently, the case has been as­signed to Justice Peter Lifu of the Federal High Court Abuja, and the Defendants were re-arraigned on March 21, 2024.

The EFCC prosecutor, Rotimi Ja­cobs (SAN) had drawn the attention of Justice Lifu to the fact that before Justice Abang was promoted to the ap­pellate bench, there had been moves for a plea bargain, and assured that the EFCC was ready to hear them out if the defendants were still willing to explore that option.

At that point, Nyako’s new counsel, Michael Aondoakaa (SAN), a former Attorney General of the Federation and Minister of Justice, clarified that it was not a plea bargain per se but that it was more about “settling the matter amicably,” particularly con­sidering the former Adamawa State Governor’s age.

“Plea bargain creates the impres­sion of guilt. The retired Admiral is 81 years old; he is the age mate of the likes of retired Gen. Badamosi Baban­gida, and he cannot continue to be made to face this again,” Aondoakaa told the court. However, he assured to duly inform the court if progress was made with the attempt at amicable set­tlement.

Meanwhile, sitting has com­menced, and on July 10, 2024, an EFCC star witness, Adekunle-Christopher Odofin, told the court all he knew about the case based on investigation, before the matter was later adjourned.

At the resumed proceeding on July 11, 2025, Nyako, popularly called “Baba Mai Mangoro” by his massive support­ers in Adamawa state, and the EFCC told Justice Lifu that there has been a mutual understanding to settle the protracted legal battle out of court.

Jacobs (SAN), had informed the court that both parties are engaged in discussions to ensure an amicable set­tlement of the case, hinting the court that before another sitting, both par­ties should have been able to resolve all the details of the settlement so that the court can dispose of the matter.

Following Chief Aondoakaa’s con­firmation to the court that discussions have reached an advanced stage for an out-of-court settlement, the presiding judge, then fixed July 18, for Nyako and the EFCC to file a report of set­tlement.

However, the matter could not pro­ceed on July 18, and has been slated for October 16.

Cynics have placed attention on October 16, while optimists are of the view that Admiral Nyako, his son and others will heave a sigh of relief after a 10-year long walk to freedom.

COURTESY: Independent