The Economic and Financial Crimes Commission (EFCC) has sought the court of appeals to overturn a no-case verdict issued by Abdullahi Mukailu, a high court judge, to Babangida Aliyu, former governor of Niger State, and Tanko Beji, former PDP chairman in the state.
A no-case finding is a court decision that states that the prosecution has not presented enough evidence for the defendant to mount a defense.
The commission had filed a seven-count indictment against Aliyu, Beji, and Umar Mohammed Nasko, a former commissioner of the environment and chief of staff to the previous governor, before Aliyu Mayaki, a judge at the time, alleging conspiracy, abetment, and criminal breach of trust.
After Mayaki retired, the subject was handed to Abdullahi Mukailu.
According to a statement published by the anti-graft agency on Thursday, 11 witnesses were summoned, and more than 400 exhibits were presented.
According to the EFCC, the three defendants filed a no-case petition before the court on December 7, 2023, and the judge allowed Aliyu and Beji’s requests and instructed Nasko to launch his defense.
“Dissatisfied with the ruling on Aliyu and Beji regarding their no-case submission, the EFCC, 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 favor.”
