Alleged N4bn fraud: Kano court re-assigns case

On Tuesday, a Kano State Chief Judge transferred a case of alleged N4 billion fraud against the former Managing Director of Kano Agricultural Supply Company, Bala Muhammad Inuwa, from Justice Usman Na’abba to Justice Hafsat Yahaya Sani.

Also, the Chief Judge has reassigned the case, following a request by counsel to the Kano State Public Complaints and Anti-Corruption Commission.

It should be recalled that the Kano State Public Complaints and Anti-Corruption Commission earlier arrested, investigated, and intended to arraign the defendant before the Kano State High Court Number 4, presided over by Justice Usman Na’abba.

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The Defence Counsel, Professor Nasiru Adamu Aliyu, SAN, reminded the court of its judgement earlier delivered on November 21, 2018, in suit No. K/197/2018 restrained the Kano State Public Complaints and Anti-Corruption Commission from arresting, detaining or arraigning any persons before the court.

Similarly, the counsel argued that the defendant’s plea would not be taken because the case is pending before a Court of Appeal, Kano Judicial Division.

Also, it should be recalled that on  August 8, Justice Naabba ordered and slated August 22 for a hearing of the preliminary objection on whether or not the defendant’s plea would be taken despite the pending appeal case.

The case was later transferred to Justice Sani.

At the resumption of the case on Tuesday, Counsel to the Defendant Nasir Adamu Aliyu, SAN, told the court that his office was served, with the interim order late evening on August 18, 2023, by Justice Hafsat Yahaya Sani, restraining his client from enjoying certain privileges.

Furthermore, he asked his client to comply with the court order until he files a proper application to set aside the order.

He argued that the order restraining his client was appealed against the court’s decision, with coordinated and concurrent jurisdiction.

He maintained that he was not challenging transferring the case to a new court. However, according to him, issuing an interim order is like treating an issue already dealt with by a court of concurrent jurisdiction.

In her ruling, Justice Hafsat Yahaya Sani averred that issuing an interim order against the defendant is similar to sitting on appeal of Judicial Review of its own brother, Justice Naabba, which is not allowed in law.

Alleged N4bn fraud: Kano court reassigns case.

She consequently set aside the interim order against the defendant. She urged Kano State Public Complaints and Anti-Corruption to file and serve its response on preliminary objection challenging the court’s jurisdiction to assume jurisdiction, despite the appeal pending before the Court of Appeal.

He adjourned the case to September 7, 2023, for a preliminary objection application hearing.

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