By Desire Emmanuel
The Kwara State High Court on Tuesday, July 14, adjourned till July 21 for hearing of the motion on notice filed by lawyers of Dr Abubakar Bukola Saraki, former Senate President, requesting Justice Osuolale Ajayi presiding over the Offa robbery case filed by the Kwara State Government against him and his successor, Dr. Abdulfatai Ahmed to recuse himself to prevent prejudice and conflict of interest.
In a motion on notice filed by the defence lawyers, led by Mr Kamaldeen Ajibade (SAN), the team told Justice Ajayi that he is also the judge in the civil suit number KWS/492/2024 between Yusuf Aishat Ibikunle & two others V. Governor of Kwara State & others arising from the same Offa bank robbery.
The defendant’s lawyers argued that while Saraki and Ahmed are first and second defendants in the present criminal proceedings, they were the third and fourth defendants in the civil matter and that the “principal issues for determination in the civil suit are substantially intertwined with the allegations which remain to be determined in the instant criminal charge.”
The former Senate President’s lawyers, in a 27-page process, told the judge that the civil case “is founded on substantially the same facts and allegations forming the subject matter of this criminal charge.”
They added that having commenced hearing on the earlier case, he would be prejudiced by the facts arising from the civil matter as he proceeds with the criminal case.
The lawyers argued that “there exists a real likelihood, or at least a reasonable apprehension, that the prior consideration and determination of those facts in the civil suit may affect public confidence in the impartial adjudication of the instant criminal charge.
“It is in the interest of justice and in furtherance of the constitutional guarantee of a fair hearing that this court recuse itself where the circumstances give rise to a reasonable apprehension of bias or where such recusal is necessary to preserve the integrity of the judicial process,” it stated.
The lawyers requested Justice Ajayi to give an order directing that the case file in the criminal matter be returned to the Chief Judge of Kwara State for reassignment to another judge for hearing and determination.
The lawyers further argued that granting this application will enhance public confidence in the administration of justice and will occasion no prejudice to the respondent.
