The trial Judge, Justice Nnamdi Dimgba made the order following an application to that effect by Aliyu’s co-defendant, Umar Nasko, a governorship candidate of the Peoples Democratic Party (PDP) in the 2015 poll in the state and also a former Commissioner for Environment, Parks, Gardens and Forest Resources in the state.
Delivering ruling in the Aliyu’s application, the trial Judge ordered that the case file be returned to the Acting Chief Judge of the Federal High Court, Justice Adamu Abdul Kafarati for re-assignment to any Judge in the Minna division of the court since there was no objection from the prosecution counsel, Ben Ikani
The Economic and Financial Crimes Commission (EFCC) had on May 1, 2017, arraigned Aliyu and Nasko before Justice Dimgba on eight-count, bordering on conspiracy and diversion of over N1 billion ecological fund which the state was said to have received from the Federal Government in 2014.
Shortly after the arraignment, Nasko, through his counsel, Chief Mamman Mike Osuman (SAN), filed an application seeking the transfer of the case to the Minna Division of the court, since the alleged offences were said to have been committed in Niger State.
He informed the court of a preliminary objection by the defence challenging the territorial jurisdiction of the court in Abuja to try the former governor and his co-defendant on the alleged offence.
According to Usuman, the court sitting before Justice Dimgba do not have the jurisdiction to hear the matter because the alleged offences were committed in Niger State, adding also that the defendants and all the witnesses in the case live in Niger State and since there is a Federal High Court in Niger State, the matter should be transferred to the state for hearing and determination.
Counsel to the anti-graft agency had started introducing his counter-affidavit in opposition to the application when he suddenly opted to withdraw his objection to the application.
He said the EFCC is not objecting the application to avoid delay in the trial and added that “the complainant (EFCC) is ready for the trial any day and anywhere.”
When the judge asked for his view, counsel to the former governor, Olajide Ayodele (SAN), also said he had no objection to the application for the transfer of the case to Minna, Niger State.
In his ruling, Justice Dimgba held that the application was meritorious and said he will return the case to the Acting Chief Judge for transfer to the Minna division of the Federal High Court.
Recall that the former governor and his co-defendant pleaded not guilty to the eight-count charge in which they were accused of conspiring and diverting over N1 billion ecological funds which the state was said to have received from the Federal Government in 2014.
They allegedly paid the money into the account of a private company, D-Sabrin International Limited, through the Niger State Ministry of Environment.
The court had, after the arraignment, admitted Aliyu and his co-defendant to bail in the sum of N200 million each, with two sureties each in like sum.
Justice Dimgba ordered that the two sureties could be businessmen or public servants; and wherein the public service, must not be below the rank of a director.
The sureties, the Judge held, must also own landed property in Abuja excluding the satellite towns and that Aliyu and Nasko are to also deposit their international passports with the court and must not travel without the permission of the court.
and then