The former Managing Director of Kano Agricultural Supply Company, Bala Muhammad Inuwa, has submitted a motion to Justice Hafsat Yahaya Sani of the Kano State High Court, urging her to withdraw from the ongoing case involving an alleged fraud of N4 billion against him.
Recall that the Court on Thursday, 23rd November, 2023, granted bail to the former Managing Director of KASCO, Bala Muhammad and his son, Bala Jnr. who are standing trial for alleged diversion of N4 billion state fund.
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Inuwa, through his lawyer, Prof. Nasir Adamu Aliyu, SAN, expressed concerns about receiving fair treatment during the proceedings, stating that he believes he will not obtain justice in her court.
In addition to the motion for recusal, Inuwa and his son Bala Inuwa Muhammad (Jnr) have both entered pleas of not guilty to the charges.
They have also requested that the case be reassigned to another judge at the Kano State High Court for a fair hearing and determination on its merits.
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Prof. Aliyu, representing the defendants, explained that the application was made based on several grounds, including the court’s dismissal of their notice of preliminary objection challenging the jurisdiction of the court, followed by the judge’s refusal to grant leave for appeal for a 14 days period stipulated by law.
He further highlighted that the judge had revoked the bail previously granted by another judge, Justice Naabba, resulting in the defendants being remanded in a correctional center for 30 days.
These actions, according to Prof. Aliyu, indicated a potential bias and a departure from providing impartial justice.
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Considering this sequence of events, Prof. Aliyu contended that the Presiding Judge has demonstrated personal interest in the case, suggesting a likelihood of bias.
It is therefore being argued that she should recuse herself from further involvement in the proceedings to ensure the principles of justice are upheld.
