The Court of Appeal in Abuja has thrown out the directive by former Chief Judge of the Federal High Court Abuja, Justice Ibrahim Auta, which re-assigned the trial of ex-Jigawa State Governor, Sule Lamido and others from Justice Adeniyi Ademola to Justice Babatunde Quadri. Hide quoted text
Justice Auta had exercised his administrative power to transfer to case to Justice Quadri at a time Justice Ademola and Lamido’s lawyer; Joe Agi (SAN) were being tried for corruption related offences before the High Court of the Federal Capital Territory (FCT).
At the conclusion of their trial, Agi, led by Kanu Agabi (SAN) challenged Justice Auta’s decision to transfer Lamido and others’ trial to Justice Qaudri for trial to start afresh, when witnesses had been called before Justice Ademola.
Justice Qaudri rejected the request that the trial be returned to Justice Ademola and proceeded to preside over the trial, a decision Agabi and Agi appealed.
Justice O. Elechi of the Court of Appeal, who read the unanimous decision of a three-man panel Wednesday, said Section 98 (2) of the Administration of Criminal Justice Act (ACJA) must be complied with in this instance, as witnesses had been called before Justice Ademola.
He said: “The power of the Chief Judge shall not be exercised where the prosecution has called witnesses, and in the instance, the prosecution has called 18 witnesses, and so in light of the above, this issue is resolved in favour of the appellant.
“The application is highly meritorious and is hereby allowed, and in the circumstance, order of the Chief Judge transferring case cannot stand and is hereby set aside and ordered to be re-assigned to Justice Ademola for continuation of trial before him,” Justice Elechi said.
Other members of the panel were Justices O. Belgore and O. Akinbami.
Lamido is standing trial along with his sons, Aminu and Mustapha; Wada Abubakar, Bamaina Holdings Ltd, Bamaina Company Nigeria Ltd, Bamaina Aluminium Limted and Speeds Intl Ltd, on an amended 43-count charge of money laundering.
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