Former Senate President, Dr. Abubakar Bukola Saraki, has asked the judge presiding over the Offa robbery case instituted by the Kwara State Government against him and former Governor Abdulfatah Ahmed to recuse himself, citing an alleged conflict of interest and the need to preserve public confidence in the judicial process.
Saraki’s legal team made the request before the Kwara State High Court, arguing that Justice Osuolale Ajayi is already handling a separate civil matter arising from the same Offa robbery incident, making it inappropriate for him to preside over the criminal proceedings.
The court on Tuesday adjourned hearing on the application until July 21, 2026.
The application, contained in a motion on notice filed on July 13, 2026, by the defence team led by Senior Advocate of Nigeria (SAN), Kamaldeen Ajibade, urged the court to return the criminal case file to the Chief Judge of Kwara State for reassignment to another judge.
According to the defence, Justice Ajayi is also presiding over Suit No. KWS/492/2024, involving Yusuf Aishat Ibikunle & 2 Others v. Governor of Kwara State & Others, a civil case said to have arisen from the same Offa robbery incident.
The lawyers argued that while Saraki and Ahmed are the first and second defendants in the criminal case, they are also the third and fourth defendants in the civil suit, adding 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.”
In the 27-page application, the defence maintained that the civil suit “is founded on substantially the same facts and allegations forming the subject matter of this criminal charge,” warning that the judge’s prior consideration of those issues could create an appearance of bias.
The application further stated, “There exists a real likelihood, or at least a reasonable apprehension, that the prior consideration and determination of those facts in the civil suit may affect public confidence in the impartial adjudication of the instant criminal charge.
“It is in the interest of Justice and in furtherance of the constitutional guarantee of a fair hearing that this Honourable Court recuse itself where the circumstances give rise to a reasonable apprehension of bias or where such recusal is necessary to preserve the integrity of the judicial process.”
The defence also argued that transferring the case to another judge would strengthen public confidence in the administration of justice without causing any prejudice to the prosecution.
Justice Ajayi subsequently adjourned the matter until July 21, 2026, for hearing on the motion seeking his recusal.
