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By Purity Francis
A Kwara State High Court sitting in Ilorin has declined to recuse itself from the trial of former Senate President, Bukola Saraki, former Governor of Kwara State, Abdulfatah Ahmed, and two others over the 2018 Offa bank robbery.
Justice Osuolale-Ajayi, who presides over the case, also rejected an application by Ahmed seeking a stay of proceedings pending the determination of his appeal against the court’s earlier refusal to withdraw from the case over alleged likelihood of bias.
The judge, instead, directed the parties to proceed with their addresses on the issue he had raised suo motu, questioning whether trial had commenced in the criminal case. The matter, marked Suit No. KWS/114C/2026, came up last week for the parties to address the court on the issue.
Counsel to Ahmed, B. R. Gold (SAN), informed the court that his client had appealed against the October 23, 2026 ruling declining the application for the judge’s recusal.
He said the record of appeal had been compiled and an application for stay of proceedings filed before the Court of Appeal, arguing that the trial court should suspend further proceedings because the appellate court was now seized of the matter.
Counsel to Saraki, A. O. Adelodun (SAN), supported the application, arguing that the appeal raised issues beyond procedural irregularities envisaged under the Administration of Criminal Justice Law (ACJL).
He maintained that the appeal questioned the competence of the judge to preside over the case and touched on the integrity of the court, urging Justice Osuolale-Ajayi to suspend proceedings pending the determination of the appeal.
Counsel to the third and fourth defendants, J. A. Mumini (SAN), also aligned himself with the submissions of the other defence lawyers.
However, prosecution counsel, Chief R. O. Balogun (SAN), urged the court to dismiss the application, describing the request for a stay of proceedings as unknown to Nigeria’s criminal jurisprudence.
Balogun argued that Section 311 of the ACJL did not permit the court to entertain such an application, citing the decisions in *Metuh v. FRN* and *Destra Investments v. FRN*.
He further argued that criminal trial commenced only after arraignment, when the charge had been read to the defendants and their pleas taken.
According to him, any objections to the charge should be considered after arraignment at the pre-hearing stage, in line with the ACJL Practice Directions 2025.
The defence lawyers, however, agreed that arraignment marked the commencement of trial but maintained that applications challenging the competence of the charge must first be determined before the defendants could be arraigned.
In its ruling, the court dismissed Ahmed’s application for a stay of proceedings, holding that it lacked merit. It also rejected the argument that the second defendant could no longer address the court after filing an appeal against its recusal decision.
Justice Osuolale-Ajayi consequently directed the parties to proceed with their addresses on whether trial had commenced in the case and adjourned the matter until November 13, 2026, for ruling.
The defendants are Saraki, Ahmed, Yusuf Abdulwahab, a former Chief of Staff to Ahmed, and Alabi Olalekan, a former political aide to the ex-governor.
The case is being prosecuted by the Kwara State Government.
