A review of the court of appeal’s decision in Aliyu V. Federal republic of Nigeria & ORS

Abstract

In 2017, the EFCC instituted an action at the Niger State High Court against Muazu Babaginda Aliyu, the former Governor of Niger State. While the case was still on and before it could be concluded, the EFCC instituted another case on money laundering at the Federal High Court, Abuja. The appellant believed that contrary to s. 36(9) of the 1999 Nigerian Constitution, it was a case of double jeopardy for both cases to be filed against him in relation to the same funds. The appellant’s argument was founded on the belief that the charges of conspiracy and conversion of ecological funds filed at the State High Court were one and the same with the charges of money laundering at the Federal High Court. The appellant also argued that the Federal High Court was the court with jurisdiction and not the State High Court. He raised an objection on both issues at the State High Court but was ruled against leading to an approach of the Court of Appeal. The Court of Appeal was then faced with the task of (i) distinguishing between the charges filed at both courts (ii) deciding which court had jurisdiction to entertain the charges (iii) determine whether there was a case of double jeopardy.