'N1.9bn fraud': Court orders return of Babangida Aliyu’s case to former judge

‘N1.9bn fraud’: Court orders return of Babangida Aliyu’s case to former judge

January 19

00:37 2021

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A federal high court in Abuja has ordered the resumed trial of Babangida Aliyu, former governor of Niger state, before Yellim Bogoro, judge of a federal high court in Niger state.

The ex-governor and Umar Nasko, his former chief of staff, were arraigned by the Economic and Financial Crimes Commission (EFCC) on eight counts of money laundering before Nnamdi Dimgba, a judge, in 2017.

They were accused of diverting N1.9 billion ecological fund which the state received from the federal government in 2014.

The case was, however, transferred to Bogoro after the defendants made an application, insisting that the case be transferred to Niger where the offences were alleged to have been committed.

However, Abdu-Kafarati, the then chief judge of the federal high court, withdrew the case file from Bogoro and reassigned it Aliyu Bappa based on a petition by EFCC.

Aggrieved by transfer of his case, the former governor filed a suit before Inyang Ekwo, also a judge, challenging the decision of the then chief judge.

Delivering judgment, Ekwo held that former chief judge breached section 98(2) of the Administration of Criminal Justice Act (ACJA) 2015, when he re-assigned the case file to a new judge for a fresh trial after the EFCC had called 10 witnesses in the matter and tendered several exhibits in evidence.

“This case is not predicated on the administrative power of the chief judge under the rules of this court,” Ekwo held.

“This is a statutory matter whereby the provisions of the law, the power of the Chief Judge to transfer a case, is curtailed.”

Ekwo added that the EFCC’s February 21, 2019 petition submitted to the CJ, “failed to meet the requirement of Section 98(3) and 98(4) of the ACJA, 2015, as a basis for justifying the transfer of the criminal case with Charge No. FHC/ABJ/CR/71/2017, from justice Yellim Bogoro to justice Aliyu Bappa”.

Consequently, he made an order directing John Tsoho, current chief judge of the federal high court, to recall the case file from Bappa and remit to Bogoro to continue and conclude the case.

An order was also made directing Bogoro to complete the trial, having heard 10 prosecution witnesses.