Saraki asks Judge to recuse self over conflict of interest

…Court adjourns hearing to July 21

The Kwara State High Court, on Tuesday, adjourned hearing of an application filed by Abubakar Bukola Saraki, former Senate President, and Abdulfatah Ahmed, former Kwara State Governor, seeking the recusal of the trial judge in the Offa robbery case instituted against them by the Kwara State Government.

The application, filed on July 13 by the defence team led by Kamaldeen Ajibade (SAN), urged O.S. Ajayi, the presiding judge to withdraw from the criminal proceedings to avoid what the defendants described as a potential conflict of interest and to preserve public confidence in the administration of justice.

According to the defence, Justice Ajayi is also presiding over a separate civil suit, KWS/492/2024, involving Yusuf Aishat Ibikunle and two others against the Governor of Kwara State and others.

The lawyers argued that the civil case arose from the same Offa robbery incident and involves substantially the same facts and allegations as those in the ongoing criminal proceedings.

Saraki and Ahmed, who are the first and second defendants in the criminal case, are also the third and fourth defendants, respectively, in the civil suit.

In the 27-page motion, the defence maintained that the principal issues in the civil matter are closely intertwined with those to be determined in the criminal trial.

The lawyers argued that since Justice Ajayi had already commenced hearing the civil case, there is a reasonable apprehension that his prior consideration of the issues could affect perceptions of impartiality in the criminal proceedings.

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The application stated that there exists “a real likelihood, or at least a reasonable apprehension,” that the judge’s prior engagement with the facts in the civil suit could undermine public confidence in the impartial adjudication of the criminal case.

The defence further argued that, in the interest of justice and in line with the constitutional guarantee of a fair hearing, the court should recuse itself where circumstances give rise to a reasonable apprehension of bias or where such a step is necessary to protect the integrity of the judicial process.

They are therefore asking the court to order that the criminal case file be returned to the Chief Judge of Kwara State for reassignment to another judge of the High Court for hearing and determination.

The diffenders also contended that granting the application would strengthen public confidence in the administration of justice without causing any prejudice to the prosecution.

At Tuesday’s sitting, Justice Ajayi adjourned the matter until July 21, 2026, for the hearing of the application.

The development was disclosed in a statement issued by Abdulganiyu Abdulqadir, Press Officer on Local Matters, Abubakar Bukola Saraki Media Office, Abuja and made available to journalists in Ilorin, Kwara State.