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From Desmond Mgboh, Kano
The Court of Appeal sitting in Kano has ordered a fresh trial of a $1,320,000 fraud case against an All Progressives Congress governorship aspirant in Kano State, Abdulsalam Sale Abdulkadrim Zaura.
In a unanimous decision, Wednesday, the three member panel of judges of the court, set aside an earlier judgment of a Federal High Court sitting in Kano, which had discharged and acquitted the politician cum businessman.
The judgment which was delivered by Justice Abdullahi Bayero also ordered the trial of the defendant to be undertaken by a court other than that of Justice Allagia.
Zaura, who is popularlyknown as A A Zaura among his political friends, was arriagned and prosecuted by the Economic and Financial Crimes Commission (EFCC) on a five count charge.
He was accused of defrauding a Kuwaiti national by obtaining the sum of $1,320,000 (One Million Three Hundred and Twenty Thousand Dollars) under the pretext that he is in the business of building properties in Dubai, Kuwait and other Arab countries.
On the June 9 , 2020, the Federal High Court presided by Justice Allagoa found the defendant not guilty on all the counts and discharged him accordingly
Unsatisfied with the judgementof the.lower ciurt, the Economic and Financial Crimes Commission (EFCC) decided to appeal the judgement.
The main point of contention at the appeal court was that the accused person was absent when the judgment was delivered and based on several judgements of the Supreme Court, it was held that an accused person must always be present in court throughout his trial including judgment.
It was in that regard that the Court of Appeal found merit in the appeal and upheld same accordingly.
“Having determined the issue in favor of the appellant, the appeal naturally succeeds. The judgment of the lower court in suit number FHCK/CR2018/ FRN against Abdulsalam Sale Abdulkarim delivered on June 9th, 2020 is hereby set aside.” said the appeal court. End.
