Former Governor of Adamawa State, Vice Admiral Muritala Nyako, rtd and his son, Senator Abdulaziz Nyako on Tuesday escaped the hammer of the federal high court in Abuja in their trial over alleged N29bn fraud.
Although they were ordered to open their defence in the fraud charges during their appearance or have judgment entered against them, the trial Judge, Justice Okon Abang, soft-pedalled in his threat.
At the resumption of tria where the two defendants were to unfailingly open defence, it was discovered that their witness was not in court.
In the drama that ensued, it was discovered that Justice Abang did not sign the subpoena to be served to bring the witness to court.
Justice Abang was said to have received the subpoena late on Monday and could not sign, as such, the document was not served on the witness.
Following the development, the former governor and his son pleaded passionately for another chance to enable them open their defence.
In a short ruling, the Judge who was visibly angry said he would not carry out his decision to invoke laws to enter judgment against the defendants because of the circumstances and accepted the request for an adjournment.
He subsequently fixed three consecutive days of March 9, 10 and 11 for them to open and close their defence.
Justice Abang had on Monday given the former governor and his son 24 hours ultimatum to enter their defence in the alleged N29bn fraud case.
He had threatened to invoke provisions of the law to close their case and enter judgment against them.
The Judge had issued the ultimatum following the persistent claims of the former governor and his son that they were not yet ready to open defence in the criminal charges against them.