Aliyu is standing trial along with his then Chief of Staff, Umar Nasko, and Tanko Beji, a former deputy chairman of the Peoples Democratic Party, PDP, for a seven-count charge of fraud to the tune of N3billion.

Mamman Osuman, SAN, counsel to Nasko, was absent in court, but instead, sent Sam Adda, SAN, who tendered a letter dated September 6, 2017 informing the court, that Osuman was in the United Kingdom for medicals.

“He has travelled for medical check-up and is seeking for an adjournment to October 18, 2017 to enable him come back and handle the matter personally,” he said.

Counsel for Aliyu and Beji, Olajide Ayodele, SAN and Ibrahim Isiyaku, SAN, respectively, did not oppose to the application.

The application for adjournment was vehemently opposed by counsel to the EFCC, Chile Chime, who opined that the move was deliberate and aimed at delaying the trial, and to frustrate efforts for a speedy trial.

“The issue of counsel handling a matter personally might have existed in the past, but the practice has changed,” he argued, noting that the defence team often appeared as a team.

He further argued that in the absence of the lead counsel, Osuman, there ought to be someone to stand in for him, and noted that “the letter credited to Osuman, was even signed by Sam Adda”.

“So why can’t he go ahead with the matter?” Chime queried, and wondered what would happen if Osuman’s treatment in the UK went on beyond the expected time.

“Even when our president travelled out, he handed over to the vice president,” he added, and urged the court to “refuse the application”.

Justice Maiyaki, however, noted that the application was predicated on health grounds, and “there is no law that forbids the court’s discretion on matters like this.”

The trial judge, thereafter, adjourned to October 30 to November 3, 2017.

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Counsel for, Beji, Olajide Ayodele (SAN), had asked the court to release him on bail on self-recognisance, but the counsel for the Economic and Financial Crimes Commission, EFCC, Gbolahan Latona (SAN), had opposed the application on the grounds that the offence for which the PDP boss was charged was not bailable by virtue of section 341 subsection 2 of the Criminal procedure code.

Latona, however, said the court could use its discretion to grant the accused person bail.

Earlier, the EFCC had formally charged Tanko Beji along with ex- Governor Aliyu and Umar Nasko who is the second accused person.

Beji was arraigned on a count of aiding and abetting the former governor. He pleaded not guilty to the charge.

Justice Aliyu Maiyaki, also ruled on Monday that the court had jurisdiction to hear the suit brought against ex- governor Aliyu, his former Chief of Staff, Umar Mohammed Nasko and Tanko Beji.

Ruling on a preliminary objection raised by counsel for Umar Nasko, Mamman Mike Usman, SAN, that the court did not have jurisdiction to entertain the suit, Justice Maiyaki said: “the basis for which the application was made did not exist.

”Most of the points upon which the arguments were predicated upon are false.”

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Nasko also served as Chief of Staff and Commissioner for Environment under Aliyu’s administration between 2007 and 2015.

Aliyu, fondly called ‘the chief servant’, among other things allegedly diverted N520m from the Niger State Government Security Account domiciled in Zenith Bank between January and March 2011.
Within the same period, the former governor also allegedly diverted a separate N1.7bn from the same account.

Aliyu and Nasko allegedly diverted about N1.09bn, which was proceeds of 16 per cent shares of Niger State in the North South Power Company Limited.

The alleged crimes are believed to be in contravention of sections 97 and 312 of the Penal Code.
One of the counts reads:

“That you, Dr. Muazu Babangida Aliyu, being the governor (also known as chief servant) of Niger State from 2007 to 2015; Umar Mohammed Nasko, being the former Commissioner for Environment/Chief of Staff to Dr. Muazu Babangida Aliyu, sometime between April 7, 2015 and December 7, 2015 in Minna within the jurisdiction of this honourable court while being entrusted with dominion over money belonging to Niger State Government dishonestly converted to your own use the sum of N1,090, 000,000, which formed part of the proceeds of the sale of 16 per cent shares of Niger State in the North South Power Company Limited and thereby committed an offence punishable under Section 312 of the Penal Code.”

The defendants pleaded not guilty to the charge.

Upon their plea, Gbolahan Latona, counsel to EFCC, asked the court to fix a date for trial and remand the defendants in prison custody pending trial.

However, Ayodele Oladeji, SAN and Mamman Osman, SAN, representing the first and second defendants respectively informed the court of the pending applications for the bail of their clients.

Justice Maiyaki, however adjourned to May 3, 2017 for hearing of the bail application and ordered the defendants to be remanded in Tunga prison custody in Minna.

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