A Kwara State High Court in Ilorin, presided over by Justice Olalekan Osuolale Ajayi has refused to step aside in the trial of suspects of robbery in Offa, Kwara State. The trial involves a former Senate President, Dr. Bukola Saraki; a former Kwara State Governor, Abdulfatah Ahmed; former Chief of Staff to Ahmed, Yusuf Abdulwahab and Ahmed’s former political aide, Alabi Olalekan.
Making appearances are Chief R. O. Balogun, (SAN) who led the prosecution while B. R. Gold, (SAN), led the defence team, holding the brief of counsel to the 1st, 3rd and 4th Defendants.
According to information from the court obtained on Wednesday, the court ruled on Tuesday on an application by counsel to the second defendant asking the Court to withdraw from the case and send it back to the Chief Judge for reassignment to another court.
The applicant alleged a likelihood of bias, pointing to the Court’s earlier involvement with the facts of a civil suit arising from the same subject matter.
After reviewing the application, the supporting affidavit and the counter-affidavit, the Court struck out certain paragraphs of both affidavits for failing to comply with Section 115 of the Evidence Act, which governs affidavit evidence.
Having considered the parties’ submissions, the Court dismissed the application, applying the test set out by the Supreme Court in Sifax Nig. Ltd v. Phoenix Capital Ltd*.
The Court held that the applicant had not met the burden of showing sufficient grounds for recusal and reassignment.
It said that in particular, the applicant did not show how the Court’s continued hearing of the charge would create real or apparent bias in the eyes of a reasonable and informed observer.
After dismissing the application, the Court raised, suo motu, the question of whether the trial had already commenced. It adjourned the matter to 5th November, 2026, to allow the parties to address it on that point.
Sources said the current charge is a consequence of the earlier Offa robbery case. The accused persons in that case were prosecuted and convicted by the High Court of Kwara State. Their appeal was dismissed by the Court of Appeal, Ilorin Division.
During their trials, Saraki and others were allegedly linked to the case. Reports have it that victims of the Offa robbery later took the Kwara State Government and Ahmed to court in civil proceedings. They argued that Saraki and Ahmed should be prosecuted.
The Kwara State Government later filed a fresh 20-count charge (Case No: KWS/114C/26) before the Kwara State High Court in Ilorin against Saraki; the three other defendants over the 2018 Offa bank robbery,accusing the defendants of criminal conspiracy and culpable homicide . Saraki had strongly denied the charges, calling them politically motivated.
Lawyers to Saraki requested Justice Ajayi, to recuse himself to prevent prejudice and conflict of interest.
In a motion on notice filed by the Defence lawyers led by Mr KamaldeenAjibade, SAN, on July 13th, 2026, the team reminded Justice Ajayi that he was also the presiding judge in the civil suit number KWS/492/2024 between Yusuf Aishat Ibikunle & 2 others V. Governor of Kwara State & others arising from the same Offa robbery.
The lawyers argued that while Saraki and Ahmed were first and second defendants in the present criminal proceedings, they were the third and fourth defendants in the civil matter and that the “principal issues for determination in the civil suit are substantially intertwined with the allegations which remain to be determined in the instant criminal charge.”
Saraki’s lawyers in a 27-page process told the judge that the civil case “is founded on substantially the same facts and allegations forming the subject matter of this criminal charge” and that having commenced hearing on the earlier case, the judge would be prejudiced by the facts arising from the civil matter as he proceeds with the criminal case.
The defendants’ lawyers pleaded with Justice Ajayi to give an order directing that the case file in the criminal matter be returned to the Chief Judge of Kwara State for reassignment to another judge of the High Court for hearing and determination.
