By Abubakar Adamu
The Kano State Chief Judge has transferred a case of alleged N4 billion fraud against former Managing Director KASCO, Bala Muhammad Inuwa from Justice Usman Naabba to Justice Hafsat Yahaya Sani.
The Chief Judge has also reassigned the case upon a request by counsel to the Kano State Public Complaints and Anti-Corruption Commission.
Justice Watch News recalls that Kano Anti-graft Commission, had arrested, investigated and intended to arraign the defendant before 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 21st Nov. 2018 in a Suit No. K/197/2018 which restrained Kano State Public Complaints and Anti-Corruption Commission from arresting, detaining or arraigning any persons before the court.
The Counsel, similarly argued that the plea of the defendant wouldn’t be taken on the ground that the case is currently pending before Court of Appeal, Kano Judicial Division.
Justice Watch News also recalls that on the 8th August, Justice Naabba ordered slated 22nd Aug. for hearing of the preliminary objection on weather the plea of the defendant would be taken despite the pending appeal case or not.
The case was later transferred to Justice Sani
Read Also: Alleged N4 Billion Fraud: Kano Anti-graft Agency Arrests Principal Suspect
At the resumption of the case today, Tuesday, Counsel to the Defendant Nasir Adamu Aliyu, SAN told the court that his office was served with the interim order late evening on 18th Aug. 2023 by Justice Hafsat Yahaya Sani restraining his client from enjoying certain privileges.
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He further said he asked his client to comply with the court order until he file a proper application to set aside the order.
He argued that the order restraining his client was appeal against the decision of court with coordinate and concurrent jurisdiction
He maintained that he is not challenging the transfer of the case to new court but according to him issuance of an interim order is like treating an issue already dealt with by court of concurrent jurisdiction.
In her ruling, Justice Hafsat Yahaya Sani averred that issuance of an interim order against the defendant is similar as sitting on appeal of Judicial Review of its own brother, Justice Naabba, which is not allowed in law.
She consquently set aside the interim order against the defendant and urged Kano State Public Complaints and Anti-Corruption to file and serve it response on preliminary objection challenging the jurisdiction of the court to assume jurisdiction, despite the appeal, peddling before Court of Appeal.
He adjourned the case to 7th September, 2023 for hearing of preliminary objection application.
