TheCable

The Economic and Financial Crimes Commission (EFCC) has asked the court of appeal to set aside a no-case ruling granted to Babangida Aliyu, former governor of Niger state, and Tanko Beji, ex-PDP chairman in the state, by Abdullahi Mukailu, a high court judge.  

A no-case ruling is a court’s decision stating that the prosecution has not provided sufficient evidence for the defendant to open a defence.

The commission had filed a seven-count charge bordering on alleged conspiracy, abetment and criminal breach of trust against Aliyu, Beji and Umar Mohammed Nasko, a former commissioner for environment and chief of staff to the former governor, before Aliyu Mayaki, a judge at the time.

The matter was reassigned to Abdullahi Mukailu following the retirement of Mayaki. 

According to a statement issued by the anti-graft agency on Thursday, 11 witnesses were subsequently called, while over 400 exhibits were tendered.

The EFCC said the three defendants made a no-case submission before the court and on December 7, 2023, the judge granted the prayers in favour of Aliyu and Beji, and directed Nasko to open his defence.

“Dissatisfied with the ruling on Aliyu and Beji regarding their no-case submission, the EFCC and fully persuaded that a prima facie case had been established against them, filed a Notice of Appeal dated January 10, 2024,” the statement reads. 

“The Commission was optimistic that the Court of Appeal would do justice to the appeal. 

“Surprisingly, on January 15, 2024, when the EFCC’s counsel appeared in court to continue the trial of Nasko and without any prior notice, the Attorney General of Niger State made an appearance in court with an application to take over the case from the EFCC.

“Not done yet, the AG made another appearance four hours later and entered a nolle prosequi which His Lordship acted on and discharged Nasko.”

The EFCC said it is “proceeding in its appeal against Aliyu and Beji at the court of appeal with all its evidence against them”.

The commission said it will “continue to discharge its duties in line with its mandate of tackling all forms of economic and financial crimes, without fear or favour”.