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The Court of Appeal, Ilorin Division, on Thursday reserved judgment in an appeal seeking the reassignment of the trial of former Senate President, Bukola Saraki, former Kwara State Governor, Abdulfatah Ahmed, and others over the 2018 Offa robbery incident to another judge.
The appellate court, presided over by Justice Ridwan Maiwada Abdullahi, also struck out a motion seeking to restrain the continuation of the trial following its withdrawal by the applicant.
The appeal, filed by Alabi Olalekan against the People of Kwara State, alongside Saraki, Ahmed and Yusuf Abdulwahab, challenges aspects of the proceedings before the trial court.
At Thursday’s proceedings, counsel to the applicant, J.A. Mumini (SAN), informed the court of the processes filed in the appeal, including the appellant’s brief of argument and pending applications.
However, following discussions between the parties, Mumini withdrew the motion for interim injunction seeking to halt further proceedings, while counsel to the first respondent, Chief R.O. Balogun (SAN), withdrew the counter-affidavit filed in opposition.
Consequently, the court struck out the motion.
Balogun subsequently moved and adopted a preliminary objection filed on November 9, 2026, urging the appellate court to strike out the appeal, which he described as unnecessary.
In response, Mumini adopted a counter-affidavit filed on November 11, 2026, in opposition to the preliminary objection before proceeding to argue the substantive appeal.
Relying on the appellant’s brief of argument at page 1,146 of the appeal records, Mumini urged the court to allow the appeal and direct the Chief Judge of Kwara State to reassign the case to another judge.
But opposing the request, Balogun faulted the appellant’s reliance on the document at page 1,146, arguing that it lacked certification, a receipt and the signature and name of the judge who purportedly signed the ruling.
He further argued that granting the request for reassignment would set a bad precedent, insisting that the circumstances cited by the appellant did not justify transferring the case to another judge.
According to him, the issue arose from the trial court’s order for the arraignment of the parties, a decision he said did not constitute a valid ground for seeking reassignment.
He consequently urged the appellate court to dismiss the application.
Counsel representing the other respondents indicated that they had no objection to the appellant’s prayers.
After taking arguments from the parties, the appellate court reserved judgment.
