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Tag: Federal High Court

  • Armsgate: Metuh opts for no-case submission

    Armsgate: Metuh opts for no-case submission

    Spokesman of the opposition Peoples Democratic Party (PDP), Olisa Metuh Thursday sought and obtained the leave of court to make a no-case submission in his trial before the Federal High Court, Abuja.

    By a no-case submission, Metuh will not be required, at this stage to lead evidence.

    He will argue that by the evidence led by the prosecution, no case has been made out against him and request the court to free him, to which the prosecution is required to file a response.

    The court is then required to deliver a ruling.

    Should the court uphold Metuh’s no-case submission; he will be let off the case. If the court rules against him, he will then, be required to conduct his defence by calling witnesses.

    Metuh and his firm, Destra Investment limited are being tried before the court on a seven-count charge of money laundering.

    He was accused of receiving, through his firm, N400m from the Office of the National Security Adviser (ONSA) under the administration of Goodluck Jonathan, without any evidence of contract executed.

    Metuh is also accused of making cash transaction of $2million, with funds believed to have been received during the PDP’s last delegate conference where Jonathan was nominated as the party’s sole candidate.

    The prosecution closed its case last week after calling witnesses to prove its case, following which the trial judge, Justice Okon Abang adjourned to February 18 for Metuh to open his defence.

    Thursday, the prosecution effected some clerical errors on the charge, following which Metuh was asked to plead afresh to the amended charge.

    When called upon later to open his defence, Metuh’s lawyer, Onyechi Ikpeazu (SAN) said his client was desirous of making a no-case-submission. He sought the judge’s guidance on whether to make the submission orally or in written form.

    ‎”We most humbly pray that we be permitted to make a no-case submission,” he said

    Ikpeazu noted that the procedure was not clear under the Administration of Criminal Justice Act (ACJA), 2015, adding that “we acknowledge that this is a criminal trial and parties cannot on their own file written submissions. We have articulated our submissions of about 35 pages.”

    Lead prosecution lawyer, Sylvanus Tahir noted that it was within the right of the defence to make a no-case submission‎ at the end of the case of the prosecution.

    Tahir urged the judge to give a directive on how the defence should go proceed with the no-case submission.

    Ruling‎, Justice Abang noted the ACJA 2015 did not make provision for the filing of a written address in a criminal trial, but said the defence lawyer had the liberty to go about the no-case submission in whichever form he considered best for his client.

    He expressed his preference for a written submission by saying: “the option of a written address would save the judicial time of the court”.

    The judge added: Leave is hereby granted to parties to file written addresses for and in opposition to the defendants’ no-case submission. The defendant shall file their written address today

    “Upon the filing and service, the pros shall file its response within three days from today. Upon service by the prosecution, the defendants shall have be at liberty to serve a reply on point of law.‎”

    He adjourned to February 25 at 12 noon for the adoption of parties’ written addresses.

  • Jonathan’s ex-aide Kuku loses bid to stop arrest

    Jonathan’s ex-aide Kuku loses bid to stop arrest

    The Federal High Court in Lagos Wednesday dismissed an application by a Special Adviser to former President Goodluck Jonathan on Niger Delta Affairs, Kingsley Kuku, from arresting him.

    Kuku had urged the court to restrain anti-corruption agencies from arresting and prosecuting him over allegations of corruption.

    But, Justice Okon Abang held that the application lacked merit.

    “This application lacks merit and is hereby dismissed. I so hold,” said the judge.

    Justice Abang refused Kuku’s prayer to stop the Economic and Financial Crimes Commission (EFCC) and the Department of State Services (DSS) from arresting and probing him.

    The judge, however, said should Kuku be arrested, he should not be detained beyond 48 hours.

    Justice Abang said detaining Kuku beyond 48 hours would be in contravention of Section 35(4)(5) of the 1999 Constitution.

    According to the judge, ‎EFCC has a statutory obligation to investigate Kuku over alleged financial impropriety.

    The court also held that the anti-graft agency has the right to arrest Kuku if he refuses to honour invitation.

    The judge disagreed with the submission that any move to invite Kuku was politically motivated.

    After assuming jurisdiction in the case, Justice Abang held: ‎”It is in my humble view that the invitation sent to the applicant is lawful and constitutional.

    “The court cannot stop a statutory institution from performing it constitutional duty.”

    The court, however, restrained the respondents from arresting the applicant unlawfully, noting that his arrest must follow due process.

    Kuku sued the Attorney-General of the Federation, EFCC, the Independent Corrupt Practices Commission (ICPC), the Inspector-General of Police (IGP), the DSS and the Nigerian Immigration Service.

    He alleged there was “a plot by the respondents to concoct, fabricate or falsify evidence in order to provide a basis for the arrest, detention, persecution and/or prosecution of the applicant (Kuku) for political reasons…”

    According to him, it was “in furtherance of the unconscionable use of the otherwise laudable war against corruption to repress the political opposition constituted by the leaders of the Peoples Democratic Party (PDP), including the applicant.”

    Kuku sought a declaration that any such invitation, arrest, harassment or prosecution on the basis of allegations of corruption in respect of his tenure as Chairman of the Amnesty Programme between 2011 and 2015 is a breach of his right to fair hearing and freedom of movement.

    Similarly, he sought an order prohibiting the respondents from arresting or prosecuting him on the basis of the allegations.

    The Auditor-General of the Federation had raised questions over alleged mismanagement of funds in reports of audit monitoring and evaluation of the amnesty programme.

    Kuku’s lawyer Mr Ajibola Oluyede said the respondents were about to abuse the criminal process by seeking to arrest his client.

    “There is an illegal and unjustifiable intigation of the criminal process against the applicant in a manner that infringes upon his fundamental rights enshrined in Chapter 4 of the 1999 Constitution,” he said.

    But the AGF’s and IGP’s counsel, Mr Tijani Gazali, urged the court to dismiss Kuku’s application.

    He said Kuku was only invited to clear allegations of corruption against him, adding that there was no plot to violate his rights.

    “We only invited him to ensure his right to fair hearing. It was only an invitation. Instead, he has run to the court to be conferred with immunity so as not to be investigated. He was invited so as to tell his own side of the story,” Gazali said.

  • Alleged N2.1b fraud: Dokpesi rearraigned before new judge

    Alleged N2.1b fraud: Dokpesi rearraigned before new judge

    The Federal Government Wednesday re-arraigned the founder, African Independent Television (AIT), Raymond Dokpesi and his company – Daar Investment and Holdings Limited before a new judge of the Federal High Court, Abuja.

    Dokpesi and his company were arraigned on December 9 last year before Justice Gabriel Kolawole of the same court, on a six count charge bordering on alleged procurement fraud and breach of public trust to the tune of N2.1 billion.

    They were said to have received N2.1billion from the Office of the National Security Adviser, ONSA, between October 2014 and March 2015, which was used for the Peoples Democratic Party’s presidential media campaign, an offence in breach of provisions of the Public Procurement Act, Money Laundering (Prohibition) Act and the EFCC Establishment Act.

    One of the counts reads: “That you Dr. Raymond Dokpesi and Daar Investment and Holding Company Limited between October 2014 and March 19, 2015 in Abuja, conducted procurement fraud by means of fraudulent and corrupt act, to wit: receipt of payment into the account of Daar Investment and Holding Company Limited with First Bank of Nigeria Plc of public funds in thesum of N2,120,000,000 from the account of the office of National Security Adviser (NSA) with the Central Bank of Nigeria for the funding of media activities for the 2015 presidential election campaign for the Peoples Democratic Party (PDP) and you thereby committed an offence contrary to section 58 (4) (b) of the Public Procurement Act, 2007 and punishable under Section 58 (6) & (7) of the same Act”.

    Dokpesi, who answered to the charge for himself and his company, said they were both not guilty to the charge.

    Shortly after the arraignment, Wole Olanipekun (SAN) who led four other Senior Advocates and a retinue of lawyers for the defence, prayed the court to allow his client remain on the bail earlier granted him by Justice Kolawole.

    New trial judge, Justice James Tsoho agreed to Olanipekun’s request that the defendants remain on the bail earlier granted them.

    He adjourned to March 2 for the commencement of trial.

  • Court dismisses Oduah’s suit over bullet-proof cars’ probe

    Court dismisses Oduah’s suit over bullet-proof cars’ probe

    Justice Okon Abang of the Federal High Court Wednesday  dismissed a fundamental rights suit filed by Senator Stella Oduah.

    The judge upheld an objection by the Attorney-General of the Federation (AGF) Abubakar Malami (SAN).

    Justice Abang said he lacked jurisdiction to determine the case because what was complained about did not occur in Lagos.

    He awarded cost of N15,000 against Oduah, to be paid to the AGF.

    Justice Mohammed Yunusa, now of the Enugu Division, had last August 26 granted an interim injunction restraining anti-graft agencies from taking any action against Oduah pending the determination of her suit.

    It is over the 2013 purchase of two armoured BMW cars for over N255million by the Nigeria Civil Aviation Authority (NCAA) under her watch.

    The case was later re-assigned to Justice Abang who had adjourned for judgment before he was transfered to Abuja Division.

    He returned to Lagos to deliver the verdict.

    Justice Yunusa had barred the Independent Corrupt Practices and other Related Offences Commission (ICPC), the Economic and Financial Crimes Commission (EFCC), the AGF and the Inspector-General of Police from inviting the former minister for interrogation.

    The order was to subsist until Wednesday’s  judgment.

    Dismissing the suit, Justice Abang upheld the AGF’s preliminary objection which challenged the court’s jurisdiction.

    The judge held there was no evidence that the former minister’s right was to be violated in Lagos.

    Besides, the judge said it would not amount to a violation of her right if the Federal Government had any valid reason to arraign Oduah in a Lagos State High Court as she alleged.

    AGF contended that by virtue of Section 46(1) of the Constitution and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure, only a court within the state where Oduah’s rights were allegedly violated could hear the case.

    “From the whole of the applicant’s averments, there is nowhere she mentioned that her right was or is being breached by the respondents within the territorial space called Lagos.

    “There is nothing to show that the applicant was invited, arrested or detained in Lagos by any of the respondents in the suit.

    “The Federal High Court sitting in Lagos cannot assume jurisdiction to entertain alleged breach of fundamental rights did not take place in Lagos State,” AGF’s lawyer T.A. Gazali argued.

    Justice Abang agreed with Gazali’s submissions.

    The AGF also said Oduah had not established any cause of action against it, having not proved that she had been invited, arrested or detained by the AGF.

    “The applicant’s suit is not in conformity with Order IX of the Fundamental Rights Enforcement Procedure Rules 2009, hence null and void.‎ The applicant’s case for the most part is hypothetical and speculative,” Gazali said.

    The vehicles, bought under Oduah’s watch as aviation minister, were said to have cost N255million, an amount that sparked huge outrage.

    Oduah, in a supporting affidavit to the suit, had justified the 2013 purchase of two bullet-proof BMW cars by the Nigerian Civil Aviation Authority (NCAA).

    The former minister, who represents Anambra North Senatorial District in the Senate, said the vehicles were bought for the use of International Civil Aviation Organisation (ICAO) officials who were in the country to inspect and certify the 22 airports being rehabilitated under her watch.

    According to her, the vehicles were acquired to safeguard the foreign officials lives so that they would not be attacked by the rampaging Boko Haram insurgents who were causing havoc in the Northeast.

    Oduah said the bullet proof cars were especially necessary because the visit of the airport inspectors coincided with “the peak of Boko Haram terrorists’ menace in the country, when the United Nations building and the headquarters of the Nigeria Police Force were bombed in Abuja.”

    “It was thus imperative that the NCAA, which is an apex regulatory authority in the Nigerian aviation industry, operating under the SARPs of the ICAO and subject to assessment by ICAO, acquire its own armoured vehicles for the use of the ICAO officials coming for inspection and certification at the time,” Oduah said.

    She added that the bullet-proof vehicles were captured in the 2013 budget, adding that they were duly procured in line with the Bureau of Public Procurement regulations.

    Oduah said the bid to arrest her for a crime she did not commit began as the general elections approached.

    According to her, the House of Representatives led by Aminu Tambuwal (now Sokoto State governor), and its Committee on Aviation, were especially out to get her.

    But the lawmakers’ move, she said, was part of a grand plan by the All Progressives Congress (APC) to capture power by all means.

    The party, she said, carried out a campaign of calumny by “demonising” the most visible leaders of the Peoples Democratic Party (PDP).

    Being a frontline PDP member, she also became a target, especially as she was seen as playing a crucial role towards the realisation of President Goodluck Jonathan’s re-election bid.

    She said as part of the APC’s campaign of calumny against her and others, the party’s leadership commissioned some faceless organisations to write letters to the House of Representatives Committee on Aviation.

    Among others, she said she was falsely accused of “all manners of corrupt practices and offences in respect of my stewardship as Minister of Aviation.”

    Oduah said was shocked by the allegations because the aviation ministry under her watch was run in the cleanest manner imaginable.

    The former minister said despite her selfless service to Nigeria and the posive changes made by the ministry under her  watch, including the revamping of the country’s air transportation, Tambuwal still ordered her investigation based on the petitions containing “spurious and wild allegations.”

    She said because of her electoral value and strategic politicking, she had been a target of the ploy by the APC to weaken the PDP and distract its leaders with trumped up charges.

    According to her, part of the APC plan was to charge PDP leaders “in a criminal trial in a Lagos State Government-controlled court.”

    Oduah said unless the court intervened, “the APC will unleash repression against her and others and this may cause the country to recede to a one-party state, with gross adverse effects and irreparable damage to our nascent democracy.”

  • Woman jailed for 24 months for selling hemp

    A Federal High Court in Lagos on Thursday sentenced a 35-year old woman, Iyabo Olabimpe, to 24 months imprisonment over drug trafficking.

    The convict was arraigned by the National Drug Law Enforcement Agency (NDLEA) on a one-count charge bordering on the offense.

    She pleaded guilty to the charge.

    Following her plea, the prosecutor, Mr. Jeremiah Aernan, tendered the statement of the accused, a request for scientific aid form and the bulk of exhibit as evidence before the court.

    He urged the court to sentence the accused based on the evidence adduced by prosecution.

    Delivering the judgment, Justice Rabiu Shagari found the accused guilty as charged.

    She sentenced her to 24 months imprisonment, which she said would start running from the date of her arrest.

    The judge also ordered the exhibit to be destroyed by the NDLEA.

    The prosecutor had told the court that the convict was arrested on Sept. 11, 2015 at Soj St., in Ayiata near Ikorodu, Lagos.

    He said that she was found in possession of 700g of Cannabis Sativa a.k.a. Indian hemp, which she sold to people.

    Aernan said the offense contravened the provisions of sections 11 (c) of the NDLEA Act, Cap N30 Laws of the Federation 2004.

  • Court sends judge to prison for alleged fraud

    Court sends judge to prison for alleged fraud

    A Federal High Court sitting in Gombe State Friday remanded an area court judge, Umar Y. Gwani, for alleged fraud.
    The Economic and Financial Crime Commission, EFCC, which filed the case, accused the judge of collecting money from the public through false pretence and conspiracy.
    The counsel to EFCC, Zarami Mohammed, said the accused conspired with two others to sell plots of land belonging to Gombe State government to the public through false pretence.
    He said the judge failed to contact the Ministry of Land and Survey and Local Government Area before selling the plots of land to the public.
    He also said the judge later had denied receiving payments for the eight or nine plots sold for N7 million.
    The accused judge appeared before the Federal High court on a four- count charge.
    Speaking to journalists after the hearing, his counsel, Mukaan Kingsley, said that he was surprised to see that the listed count charges were different from what transpired in court.
  • ‎Boko Haram: Kabiru Sokoto accuses FG of frustrating his appeal

    ‎Boko Haram: Kabiru Sokoto accuses FG of frustrating his appeal

    Convicted Boko Haram member, Kabiru Umar (also known as Kabiru Sokoto) has accused agents of the Federal Government of frustrating his efforts to appeal his conviction and sentence.

    Sokoto was on December 20, 2013 sentenced to life imprisonment by Justice Adeniyi Ademola of the Federal High Court, Abuja in connection with 2011 Christmas day bomb blast that killed about 44 persons and wounded 75 others at St. Theresa’s Catholic Church, Madalla, Niger State.

    Justice Ademola had, in his judgment, held that he was satisfied that the Federal Government, successfully established the culpability of the convict beyond every reasonable doubt, noting that Umar had in two earlier separate confessional statements, admitted that he had prior knowledge of the attack.

    The judge noted that Sokoto never showed any remorse for his actions throughout the trial, and described him (Sokoto) as “a pathological liar with no regards for the truth.”

    Dissatisfied, Sokoto filed a notice of appeal before the Court of Appeal, Abuja.

    In a fresh motion on notice filed before the Federal High Court, Abuja by his lawyer, Sheriff Okoh, Sokoto alleged the Comptroller of Prisons and his men have made it impossible to access his lawyer, to enable him perfect his appeal process.

    The motion, which has The Comptroller General of Prisons (CGP) and Attorney General of the Federation (AGF) as respondents, Sokoto, now being held at the Kirikiri Maximum Security Prison, Lagos, wants an order compelling the respondents to allow him access to his lawyer.

    He also seeks a declaration that the respondents’s alleged decision to deny him access to his lawyer was a violation of his right to fair hearing, right to counsel and access to justice.

    In a supporting affidavit deposed to by Okoh, it was alleged that the several applications to the CGP by Sokoto’s lawyer for opportunity to see him had always been turned down.

    “We have made several person contacts with the 1st defendant (CGP), his men: S. N. Nwanchukwu (PSO), E. O. Ogundele) DCG) among others, at the Nigeria Prisons headquarters, Abuja in a bid to persuade them to permit us to see the applicant, but they kept making us indulge in fruitless returns for approvals from the 2nd respondent (AGF) that has not come for over two years.

    “Wherefore, we verily believe that their actions are aimed at ensuring that the applicant’s appeal of his conviction and sentence continues to be frustrated in perpetuity.

    “The applicant’s appeal before the Court of Appeal is being delayed as a result of the conduct of the 1st respondent and men under his command and supervision,” Okoh said.

    Thursday, when the case was called, the trial judge, Justice Nnamdi Dimgba observed that there was no evidence in court’s file that the respondents were served with processes (court documents) in the case.

    He directed the applicant’s lawyer to ensure service of the processes on the respondents and return on February 4 for the hearing of the motion.

     

     

  • Appeal Court reserves ruling in Zamfara N3.1b debt case 

    Appeal Court reserves ruling in Zamfara N3.1b debt case 

    The Court of Appeal, Lagos Division presided over by Justice Sidi Bage Wednesday reserved ruling in the appeal by Zamfara State Government against the judgment of Justice Okon Abang of the Federal High Court in Lagos, which ordered it to pay Ecobank Nigeria Limited, a debt of N3.1 billion from the federal allocation accruable to it.

    Zamfara State also prayed the court to set aside a Garnishee Order attaching the money of the state in all the banks, pending the hearing and determination of the substantive appeal.

    In his judgement, Justice Abang ordered the Zamfara State to pay a judgment sum of N3.159, 017,940.71, to Ecobank Nigeria Limited, being the outstanding indebtedness to the bank.

    Justice Okon Abang gave the order while delivering judgment in a suit filed by the bank against Zamfara State Government.

    Other defendants in the suit are the Zamfara State Attorney-General, Zamfara State Ministry of Finance; Accountant-General of the Federation; Attorney-General of the Federation and the Central Bank of Nigeria.

    Dissatisfied, Zamfara State appealed against the judgment and urged the appellate court to set it aside.

    Wednesday, the appellate court heard arguments on the appellant’s application dated October 30, 2015, asking the court to set aside the Garnishee Order made by the lower court pending the hearing and determination of the appeal.

    Addressing the court, counsel to Zamfara State, Mr. Abiodun Owonikoko argued that while the appeal against the judgment of the lower court was still pending, Ecobank went ahead to secure a Garnishee Order freezing the account of the state in all the banks in Nigeria.

    Owonikoko informed the court that because of the order, all activities in the state have been paralysed and the state could no longer pay its staff.

    Citing a plethora of legal authorities, Owonikoko argued that it was wrong for the lower court to garnishee an account of a government institution without obtaining a fiat from the office of the Attorney-General of the Federation.

    He urged the court to allow the application and set aside the Garnishee Order.

    In his reply, counsel to Ecobank, Kunle Ogunba (SAN) submitted that the ‘’garnishee of a debtor’s account is an acceptable procedure in the Nigerian legal system’’.

    Ogunba argued that the application to set aside the garnishee order is misconceived and urged the court to refuse it.

    The court presided over by Justice Bage reserved ruling on the application and said the date will be communicated to all the parties subsequently.

    Justice Abang had in his judgement upheld Ecobank’s claim of N3.1bn with 30 per cent interest from March 1, 2013 till judgment day and 10 per cent thereafter until the final liquidation of the debt.

    Abang said Zamfara State had admitted to obtaining a credit facility in sum of N1.5bn in 2009 from the defunct Oceanic Bank Plc, which was later acquired by Ecobank.

    The judge said although Zamfara State claimed to have been paying back and had only an outstanding debt of N800m, the state did not say how much it had already paid and at what date its outstanding debt was determined to be N800m.

    Dissatisfied, the state government in its appeal is praying the appellate court to stay execution of the judgment pending the outcome of its appeal.

    The appellant argued that the lower court judge erred in his judgment and that unless there was a stay of judgment execution, the outcome of the appeal would become nugatory.

  • PDP seeks Faleke’s sack from House of Reps

    PDP seeks Faleke’s sack from House of Reps

    The lawmaker representing Ikeja Federal Constituency in the House of Representatives, James Falake, is no longer qualified to hold the office, the Peoples Democratic Party (PDP) has told the Federal High Court in Lagos.

    The party and a member, Olakunle Okunola, are praying for an order removing him from office.

    According to them, Faleke’s voting data have been transferred from Lagos to Kogi State.

    Therefore, his being a House of Representatives member from Lagos has been invalidated, the plaintiffs said.

    Faleke, who hails from Kogi State, was running mate to the late Abubakar Audu, who was leading at the poll but died before the final result was declared.

    The plaintiffs are urging the court to declare that the All Progressives Congress (APC) breached Section 37 of the Electoral Act when it nominated Faleke for the March 28, 2015 National Assembly election and later nominated him as its deputy governorship candidate for the November 21, 2015 governorship election in Kogi.

    According to the plaintiffs, Faleke cannot remain a member of the House of Representatives while being nominated as a deputy governorship candidate in another state.

    The applicants are urging the court to declare that Faleke’s membership of the House of Representatives had terminated because his voting data had been transferred from Ikeja Federal Constituency of Lagos State to Ekinrin-ade ward of Ijumu Local Government Area of Kogi State.

    Joined as respondents in the suit are Faleke, APC and the Independent National Electoral Commission (INEC).

    The plaintiffs prayed for an order of perpetual injunction restraining INEC from reversing or re-transferring Faleke’s voting and membership data from Ekinrin-ade ward in Ijumu Local Government Area of Kogi State to the Ikeja Federal Constituency 1 of Lagos State.

    They urged the court to stop Faleke from parading himself as a member of the House of Representatives representing Ikeja Federal Constituency 1 in the House of Representatives.

    The plaintiffs’ counsel, Kingsley Kezie, told Justice Abdulaziz Anka that efforts to serve the court processes on Faleke and APC had proved abortive.

    He, therefore, urged the court to grant the plaintiff an order to serve the defendants through substituted means at their addresses.

    Justice Anka granted the order to serve APC by substituted means but directed the plaintiffs to go to Kogi State and effect personal service on Faleke.

    He adjourned till January 26 for report of service.

     

  • CCT: Judge’s absence stalls proceedings in Saraki’s new suit

    CCT: Judge’s absence stalls proceedings in Saraki’s new suit

    The absence of Justice Abdulkadir Abdulkafarati of the Federal High Court, Abuja stalled proceedings Wednesday in a suit instituted by Senate President, Bukola Saraki for an order stopping the Code of Conduct Tribunal (CCT) from further trying him.

    The judge was to conduct proceedings in the substantive suit Wednesday, having earlier refused Saraki’s application for an interim injunction to stop the trial.

    When parties got to court Wednesday, they were told that the judge was not available and that the court would not sit.

    The suit was filed in Abuja in November by Saraki’s lawyer, Raphael Oluyede shortly after Justice Ibrahim Buba of the Lagos division of the court struck out the suit on the he lacked the territorial jurisdiction to hear the case.

    Justice Buba, in his ruling on November 6, said his court lacked the jurisdiction to entertain the case. He added that it ought to have been filed in Abuja where the cause of action took place. The judge noted that Saraki could not prove that his rights were about to be violated in Lagos.

    “He has to proffer the reason for the court to hold that his right is about to be violated in Lagos State. The key word is ‘state,” Justice Buba said.

    This suit is the third of such suits filed before the Federal High Court by Saraki. Justice Ahmed Ramat Mohammed, before who the first of such suits was filed, withdrew from the case on September 30 this year and returned the case file to the court’s Chief Judge, Justice Ibrahim Auta.

    As is the case in the fresh suit, Saraki had sought to restrain the CCT, the Federal Ministry of Justice and others from proceeding with his trial on the false asset declaration charge against him before the CCT.

    Justice Mohammed declined, on September 17, to grant Saraki’s prayer for an order restraining the respondents in the case. Saraki had applied for the order via an ex-parte motion.

    Instead, the judge ordered that the respondents be put on notice and show cause on September 21, why the prayer sought by Saraki should not be granted.

    On September 21, the judge, after arguments from parties, elected to hear the substantive suit. When parties returned to court on September 30 for the hearing of the main suit , Justice Mohammed announced his decision to withdraw from the case  following publications in the social media, which portrayed him compromised.

    He said the publication cast doubt in his integrity as a judge hearing the case, which will make any of the party doubt his intention, whichever position he takes in the case.

    Justice Mohammed said it was more honourable for him to hand the case file to the chief judge for reassignment.

    It is not clear why Saraki filed the fresh suit since the Supreme Court, where his appeal against the CCT’s decision to assume jurisdiction over his trial was still pending, has directed the CCT to suspend proceedings in the trial of Senate President pending the determination of his appeal.

    The Supreme Court has fixed judgment in the case for February 5.