A Federal High Court sitting in Kano State presided over by Justice Muhammad Nasir Yunusa, ruled in favour of Alhaji Abdussalam Abdulkarim Zaura, also known as AA Zaura, in a case of alleged $1.2 million fraud brought about by the Economic and Financial Crimes Commission (EFCC).
The court stated that it currently has no jurisdiction to hear the case because there is a pending appeal filed before the Supreme Court.
Justice Yunusa emphasized that the defendant has the right to appeal, and insisting on prosecuting Zaura while his appeal is pending would violate his fundamental rights. The judge stated that the Supreme Court appeal must be exhausted before any further criminal proceedings can take place.
Justice Muhammad Nasir Yunusa concluded by stating that his court lacks jurisdiction to continue with the case as an appeal is pending before the Supreme Court.
AA Zaura, who is being held by the EFCC for alleged financial fraud amounting to $1.2 million, filed a motion on notice through his counsel, Isyaka M. Dikko, a Senior Advocate of Nigeria (SAN). The motion seeks the court’s order to strike out the amended charge for lacking substance.
Zaura informed the court about his pending motion on notice, dated 12th April 2023, and requested a stay of proceedings pending the hearing and determination of an application related to the matter before the Supreme Court.
Zaura’s lawyer, Dikko SAN, argued that it would be a duplication of efforts for the lower court to proceed with the matter while it is pending before the apex court.
He explained that the application before the Supreme Court challenges the Appeal Court’s judgment that ordered a retrial after the defendant had already been discharged and acquitted.
The prosecution counsel, Habeeb, countered the defendant’s application, insisting that it was an attempt to delay the trial.
He argued against the pending application before the Supreme Court, claiming that the matter had already been decided by the apex court. The EFCC lawyer cited previous cases where criminal trials were disallowed and concurrent proceedings were allowed.
In response, Zaura’s lawyer, Dikko SAN, countered the prosecution’s objection, reaffirming that the application before the Supreme Court is still pending and awaiting a decision.
Despite the EFCC’s claim that the Supreme Court had already dismissed Zaura’s application, the prosecution was unable to provide evidence to support their assertion when asked to do so.
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