The Kwara State High Court presided over byJustice T.O. Osuolale-Ajayi on Friday ruled that the trial in the case of People of Kwara State v. Dr. Abubakar Olubukola Saraki & 3 Ors has not commenced.
It held that trial can only be said to begin after the defendants have been arraigned.
According the proceedings, the court held that the pending applications filed by the defendants must be heard after arraignment. It consequently said the case should be adjourned and fixed for arraignment.
Defence: Charge not personally served
Counsel to the 1st defendant, while agreeing with the court’s ruling, argued that the 1st defendant had not been personally served with the charge as required by law. Counsel to the 2nd defendant adopted the argument, maintaining that the 2nd defendant had likewise not been personally served.
Counsel to the 3rd and 4th defendants told the court that the matter on which it had adjourned was the subject of an appeal, which was heard at the Court of Appeal on November 12, 2026. He urged the court to hold its hand until the appellate court decides the issue.
Prosecution: Defendants directed bailiff to counsel
Responding, Chief Taiye Oniyinde, (SAN), for the prosecution, said the 1st and 2nd defendants were approached by the court bailiff for service of the charge but directed him to their lawyers. Those lawyers, he said, have appeared in court on several occasions and filed processes, even up to the Court of Appeal. Citing the affidavit of service before the court, he argued that counsel to the 1st and 2nd defendants are estopped from claiming that the charge was not served.
On the request by the 3rd and 4th defendants, Chief Oniyinde submitted that the court is under no obligation to wait for the Court of Appeal’s decision. He added that the defendants had tried to move an application for stay of proceedings at the Court of Appeal but were made to withdraw it before the appeal was heard. He urged the court to adjourn for the arraignment of the defendants.
Reply on points of law
In their reply on points of law, counsel to the 1st and 2nd defendants argued that the affidavit of service, without more, showed only that the charge was served on their lawyers and not on the defendants personally, as the law requires.
Both sides filed additional authorities, after which the court adjourned till November 17, 2026 for ruling.
Appearances
Chief Oniyinde, (SAN) led Prof. Adua Ismail Mustapha, Dr. S. I. Al-Mustapha (Assistant Director), S. I. Shehu, B. L. Abdulsalam (Assistant Chief State Counsel), H. O. Busari, Dayo Zulqarnain, Ramat O. Oba, O. M. Ajiboye and M. O. Abdulganiyu for the prosecution.
A. O. Adelodun, (SAN(, led K. K. Eleja, SAN, I. M. Adedo, A. T. Ahmed, Y. A. Usman, M. Y. Oganija, AbdulRasheed Abdullah, S. O. Orire and A. A. Issa for the 1st defendant.
B. R. Gold, (SAN,)) led R. O. Bakare, A. S. Muhideen, H. W. Dikko, O. M. Usman, A. R. AbdulRahman, A. O. Muhammad-Thani and I. A. Amasa for the 2nd defendant.
J. A. Mumini, (SAN), with T. A. Abolade, appeared for the 3rd and 4th defendants
