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By Purity Francis
The Kwara State High Court, Ilorin has dismissed an application seeking the withdrawal of Justice Olalekan Ajayi from the trial of former Senate President Bukola Saraki, former Governor Abdulfatah Ahmed and two others over the 2018 Offa bank robbery.
The court, presided over by Justice Ajayi, ruled on Tuesday that the application had not established sufficient grounds to warrant his recusal and the reassignment of the case to another judge.
The application was filed by counsel to the second defendant, who argued that the judge’s previous involvement in a civil suit arising from the same incident could raise concerns about the impartiality of the ongoing criminal proceedings.
The defence had asked the court to return the case file to the Chief Judge of Kwara State for reassignment to another judge of the High Court.
However, after considering the application, the supporting affidavit, the counter-affidavit and submissions by counsel, Justice Ajayi dismissed the request, relying on the principles established by the Supreme Court in Sifax Nig. Ltd v. Phoenix Capital Ltd.
The court also struck out some paragraphs of the affidavits filed by both parties for non-compliance with Section 115 of the Evidence Act, which regulates affidavit evidence.
In its ruling, the court held that the applicant had not sufficiently demonstrated how its continued handling of the criminal charge would create actual or apparent bias in the eyes of a reasonable and informed observer.
Following the ruling, the court raised, on its own initiative, the question of whether the trial had formally commenced. It adjourned the matter until November 5, 2026, to enable the parties to address the issue.
Saraki and Ahmed are standing trial alongside Yusuf Abdulwahab, a former Chief of Staff to Ahmed, and Alabi Olalekan, a former political aide to the ex-governor.
The Kwara State Government instituted a fresh 20-count charge, marked KWS/114C/26, against the four defendants over the 2018 Offa bank robbery. The charges include criminal conspiracy and culpable homicide.
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Saraki has denied the allegations, describing them as politically motivated.
The application for the judge’s recusal was filed on July 13, 2026, by a defence team led by Kamaldeen Ajibade, SAN.
In the motion on notice, the defence drew the court’s attention to an earlier civil suit, marked KWS/492/2024, involving Yusuf Aishat Ibikunle and two others against the Governor of Kwara State and others.
Justice Ajayi had also presided over the civil proceedings, which the defence argued arose from the same Offa robbery incident.
According to the defence, Saraki and Ahmed were listed as the third and fourth defendants in the civil suit but are the first and second defendants, respectively, in the present criminal case.
The lawyers maintained that the issues in the civil proceedings were substantially connected to the allegations in the criminal charge and argued that the judge’s previous involvement in the matter could affect the appearance of impartiality.
They consequently urged the court to transfer the case to another judge for hearing and determination.
The current proceedings follow the earlier prosecution of suspects convicted in connection with the Offa robbery. Their appeal was dismissed by the Court of Appeal, Ilorin Division.
During the earlier proceedings, Saraki and other political figures were reportedly linked to the incident. Victims of the robbery subsequently instituted civil proceedings against the Kwara State Government and Ahmed, seeking further legal action in connection with the incident.
At Tuesday’s proceedings, Chief R. O. Balogun, SAN, led the prosecution, while B. R. Gold, SAN, appeared for the defence, holding the brief of counsel to the first, third and fourth defendants.
The court is expected to hear further arguments on November 5 regarding whether the trial has formally commenced.
