Alleged $1.3 Million Fraud: Kano APC Senate Candidate Loses in Supreme Court
The All Progressives Congress (APC) senatorial candidate for Kano Central District, Abdulsalam Abdulkarim, commonly known as A. A Zaura, has lost a Supreme Court bid to end his corruption in the Federal High Court of Kano.
On Thursday, the Supreme Court quashed Mr. Abdulkarim's claims and ordered the politician to appear in the Federal High Court in Kano to face charges brought against him by the Economic and Financial Crimes Commission ( EFCC).
The EFCC filed a five-count complaint against Mr. Abdulkarim in the Federal High Court in Kano for allegedly defrauding a Kuwaiti man.
On June 9, 2020, a trial judge of the Federal High Court in Kano, Lewis Allagoa, dismissed the charges against Mr. Abdulkarim. Dissatisfied with the decision, the EFCC appealed to the Kano Court of Appeal. The court, in a unanimous three-man panel decision rendered by Abdullahi Bayero, overturned the judgment of the Federal High Court and ordered that the accused be tried again by a different judge.
The case was then handed over to Judge Mohammed Yunusa for a retrial. Instead of appearing to be arraigned, Mr Abdulkarim headed to the Supreme Court with two applications, one seeking an interim injunction and the other an interlocutory injunction to stop the Federal High Court in Kano from taking any measure in the case pending a hearing of his appeal to the Supreme Court.
On Thursday, the five-judge panel led by Inyang Okoro ruled that the Supreme Court does not have the power under law to stay proceedings in a criminal case. The court denied both claims.
With this, Mr. Abdullarim will appear in person on December 5 for the continuation of the trial for alleged corruption, as previously ordered by the Kano Court of Appeal.
Trial history and alleged fraudThe EFCC accused Mr. Abdulkarim of defrauding Jamman Al-Azmi, a Kuwaiti, of $1.3 million on the pretext of providing him with real estate in Dubai, Kuwait.
On June 9, 2020, Judge Lewis Allagoa, Federal High Court Judge, Kano, found the defendant not guilty and acquitted him of all charges.
Mr. Allagoa spoke out against the anti-corruption agency. He felt that the prosecution had failed to prove their case beyond a reasonable doubt.
The judge said that the failure of the EFCC to call the main plaintiff, Mr Al-Azmi, to appear in court to testify about what happened between him and the first defendant rendered all prosecution witness testimony null and void. .
The judge held that the charges were based on speculation, as the EFCC could not provide material to link or establish criminal evidence against the accused.
Dissatisfied with the judgment of the court of first instance, the EFCC appealed to the Court of Appeal. A unanimous decision by the three-judge panel read by Abdullahi Bayero overturned the high court judgment.
Mr. Bayero then ordered that the accused be tried again by another judge.
The main argument in the appeal was the absence of the defendant when the High Court judgment was delivered. Citing several Supreme Court decisions, it has been held that an accused must always be present in court throughout his trial, including when the judgment is announced.
It is in this regard that the Court of Appeal concluded that the appeal was well founded and upheld it accordingly.
“Having decided the issue in favor of the appellant, the appeal is naturally granted. . »
Mr. Abdulkarim was the gubernatorial candidate of the Green Party of Nigeria (GPN) in the 2019 elections in Kano State.
He was arrested alongside Michael Edosa.
The All Progressives Congress (APC) senatorial candidate for Kano Central District, Abdulsalam Abdulkarim, commonly known as A. A Zaura, has lost a Supreme Court bid to end his corruption in the Federal High Court of Kano.
On Thursday, the Supreme Court quashed Mr. Abdulkarim's claims and ordered the politician to appear in the Federal High Court in Kano to face charges brought against him by the Economic and Financial Crimes Commission ( EFCC).
The EFCC filed a five-count complaint against Mr. Abdulkarim in the Federal High Court in Kano for allegedly defrauding a Kuwaiti man.
On June 9, 2020, a trial judge of the Federal High Court in Kano, Lewis Allagoa, dismissed the charges against Mr. Abdulkarim. Dissatisfied with the decision, the EFCC appealed to the Kano Court of Appeal. The court, in a unanimous three-man panel decision rendered by Abdullahi Bayero, overturned the judgment of the Federal High Court and ordered that the accused be tried again by a different judge.
The case was then handed over to Judge Mohammed Yunusa for a retrial. Instead of appearing to be arraigned, Mr Abdulkarim headed to the Supreme Court with two applications, one seeking an interim injunction and the other an interlocutory injunction to stop the Federal High Court in Kano from taking any measure in the case pending a hearing of his appeal to the Supreme Court.
On Thursday, the five-judge panel led by Inyang Okoro ruled that the Supreme Court does not have the power under law to stay proceedings in a criminal case. The court denied both claims.
With this, Mr. Abdullarim will appear in person on December 5 for the continuation of the trial for alleged corruption, as previously ordered by the Kano Court of Appeal.
Trial history and alleged fraudThe EFCC accused Mr. Abdulkarim of defrauding Jamman Al-Azmi, a Kuwaiti, of $1.3 million on the pretext of providing him with real estate in Dubai, Kuwait.
On June 9, 2020, Judge Lewis Allagoa, Federal High Court Judge, Kano, found the defendant not guilty and acquitted him of all charges.
Mr. Allagoa spoke out against the anti-corruption agency. He felt that the prosecution had failed to prove their case beyond a reasonable doubt.
The judge said that the failure of the EFCC to call the main plaintiff, Mr Al-Azmi, to appear in court to testify about what happened between him and the first defendant rendered all prosecution witness testimony null and void. .
The judge held that the charges were based on speculation, as the EFCC could not provide material to link or establish criminal evidence against the accused.
Dissatisfied with the judgment of the court of first instance, the EFCC appealed to the Court of Appeal. A unanimous decision by the three-judge panel read by Abdullahi Bayero overturned the high court judgment.
Mr. Bayero then ordered that the accused be tried again by another judge.
The main argument in the appeal was the absence of the defendant when the High Court judgment was delivered. Citing several Supreme Court decisions, it has been held that an accused must always be present in court throughout his trial, including when the judgment is announced.
It is in this regard that the Court of Appeal concluded that the appeal was well founded and upheld it accordingly.
“Having decided the issue in favor of the appellant, the appeal is naturally granted. . »
Mr. Abdulkarim was the gubernatorial candidate of the Green Party of Nigeria (GPN) in the 2019 elections in Kano State.
He was arrested alongside Michael Edosa.
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