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Ex-Senate President Saraki
The Court of Appeal, Ilorin Judicial Division, presided over by Hon. Justice Ridwan Maiwada Abdullahi (JCA), on Thursday struck out a motion seeking to stop the continuation of the trial in the Offa robbery matter.
The matter, which was meant for hearing, was between Alabi Olalekan and The People of Kwara State; Olubukola Abubakar Saraki, Abdulfatah Ahmed and Yusuf Abdulwahab.
J. A. Mumini (SAN) appeared with Ms Atolagbe for the applicant/4th respondent. Chief R. O. Balogun (SAN) and Chief Dr Oniyide (SAN) appeared with Dr Mrs S. I. Mustapha, N. A. Sulyman, Esq, I. S. Sheu, Esq, H. O. Busari, Esq, and Rahmat A. O., Esq, for the 1st respondent.
K. K. Eleja (SAN) appeared for the second respondent with S. O. Bello and A. A. Isa, while R. O. Muhammed appeared with A. A. Agbaje and A. R. Abdurahman for the third respondent.
Mumini (SAN) mentioned all the processes before the court, including the appellant’s brief and motions. Balogun (SAN) also mentioned the processes filed before the court: the respondent’s notice of preliminary objection, brief of argument and counter affidavit to the appellant’s motion. He proceeded to remind the court that all pending interlocutory applications should be heard before the appeal.
Mumini withdrew the motion for interim injunction, while Balogun withdrew the counter affidavit filed in opposition to the motion. The court consequently struck out the motion, which sought to stop it from proceeding with the matter.
Balogun later moved and adopted the motion for preliminary objection filed on 9/11/26 and urged the court to strike out the appeal.
Mumini also moved the counter affidavit filed on 11/11/26 in opposition to the motion for preliminary objection.
He then proceeded to move the appellant’s brief of argument, as shown on page 1146 of the record of appeal, and prayed the court to allow the appeal and direct the Chief Judge of Kwara State to reassign the case to another judge.
Balogun moved the respondent’s brief filed on 2/11/26 and adopted the submissions therein.
The learned silk, however, pointed out that page 1146, which was relied upon, bore no certification, receipt or signature of the judge who signed the ruling, nor his name. He also stated that granting the appellant’s prayer for the case to be reassigned would set a bad precedent.
He explained that the issue which gave rise to the prayer for reassignment was that the court had ordered the arraignment of the parties, for which there was no issue. Hence, the learned silk urged the court to refuse the application.
The other respondents had no objection to the appellant’s prayers.
The court, however, reserved judgment on the matter. (Nigerian Tribune)