Former Plateau State governor, Joshua Dariye changed his mind Tuesday in his earlier decision not to immediately enter defence in his trial before the High Court of the Federal Capital Territory (FCT), Abuja.
Dariye, a serving Senator, is being prosecuted before for allegedly diverting Plateau State’s ecological fund estimated at N1.16 billion while he was a governor in the state. Dariye was Plateau governor between 1999 and 2007.
When the prosecution announced the closure of its case closed its case on June 8 after calling 10 witnesses, Dariye’s lawyer, Garba Pwul (SAN) informed the court about his client’s readiness to conduct his defence.
Pwul said Dariye intended to call seven witnesses.
He changed his mind when parties returned to court on June 10 and opted to make a no case submission, following which trial judge, Justice Adebukola Banjoko adjourned to June 14.
A no-case submission is where a defendant, in a criminal case, rather than conduct defence, argues that that prosecution failed, by its evidence, to establish a prima facie case against him to warrant his being called upon to enter defence.
If the no-case submission succeeds, the defendant would be let off the case. But where it fails, the court will compel such a defendant to enter defence.
When parties got to court Tuesday, Dariye’s lawyer again, changed his mind and said his client has now elected to conduct his defence and jettison the idea of a no-case submission.
Pwul brought to the court’s attention, four witness summons he filed to compel four individuals to appear in court and testify for his client.
The defence lawyer said he also filed a motion, which would be heard at the end of trial.
Justice Banjoko endorsed the summons, which are to be served on the affected individuals.
They include: Timitimi Ebibomo, whose address is given as: Plot 325A, Akin Ogunlewe Street, Victoria Island, Lagos and John Micahel Abdul of Plot 490 Nise Close, Garki II, Abuja.
Others are Osivwem Samuel of House No.10 Road 21, Garki, Abuja and Adonye Roberts, Ewet Housing, F Line, Opposite Police Station, Uyo, Akwa-Ibom State.
The judge adjourned to June 17 for Dariye to open his defence.
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