A Kwara State High Court sitting in Ilorin has rejected an application seeking the withdrawal of Justice Olalekan Ajayi from the ongoing case involving former Senate President Bukola Saraki, former Governor Abdulfatah Ahmed and two other defendants over the 2018 Offa bank robbery.
The court ruled that the defence had not provided sufficient grounds to justify the judge’s recusal or the transfer of the case to another judge.
The application followed concerns raised by the defence over the judge’s previous involvement in a separate civil suit arising from the same robbery incident.
The defendants in the current criminal proceedings are Saraki, Ahmed, Yusuf Abdulwahab, a former chief of staff to Ahmed, and Alabi Olalekan, a former political aide to the ex-governor.
The application was filed by the defence team led by Senior Advocate of Nigeria Kamaldeen Ajibade.
Saraki’s lawyers argued that Justice Ajayi had also presided over a civil case connected to the Offa robbery, raising concerns about the appearance of impartiality in the criminal proceedings.
According to the defence, the civil suit and the criminal case involve substantially related facts and allegations. The lawyers maintained that the judge’s previous involvement could create a reasonable apprehension of bias.
They asked the court to return the criminal case file to the Chief Judge of Kwara State for reassignment to another judge.
However, after considering the application, the supporting affidavit, the counter-affidavit and submissions from the parties, the court held that the defence had not demonstrated how its continued handling of the criminal case would create actual or apparent bias in the eyes of a reasonable and informed observer.
The court also struck out certain paragraphs in the affidavits filed by both sides for failing to comply with Section 115 of the Evidence Act, which regulates affidavit evidence.
Following its ruling on the recusal application, the court raised another issue concerning whether the trial had formally commenced.
The judge directed the parties to address the question before the court could determine the next procedural steps in the matter.
Proceedings were consequently adjourned until November 5, 2026, for further arguments on the issue.
The development means that the court will continue to address the procedural questions surrounding the case, although the allegations against the defendants remain to be determined.
The case stems from the deadly armed robbery that occurred in Offa, Kwara State, on April 5, 2018, when several banks were attacked and lives were lost.
The Kwara State Government subsequently filed a fresh 20-count criminal charge against Saraki, Ahmed and the two other defendants, alleging offences including criminal conspiracy and culpable homicide.
Saraki has denied the allegations and described the prosecution as politically motivated. The charges against all defendants remain subject to determination by the court.
The latest ruling concerns the request for the judge to withdraw from the proceedings; it is not a determination of the defendants’ guilt or innocence.
The next hearing on November 5 is expected to clarify the procedural status of the trial as the case continues before the Kwara State High Court.