From Desmond Mgboh, Kano
The Kano State Government has filed fresh charges against the immediate past governor of the state and the current National Chairman, All Progressives Congress (APC), Dr Abdullahi Ganduje.
In the charge sheet with case No. K/143c/24, filed yesterday, the state government accused Ganduje and the former Commissioner for Justice, Musa Lawan, of criminal conspiracy and misappropriation, contrary to Section 308, and punishable under Section 309 of the Penal Code (as amended) CAP 105, Vol. 2, the Laws of Kano State of Nigeria.
Ganduje and Lawan were accused of conspiring to misappropriate, divert, and convert N240 million for their personal use.
The charge sheet reads: “The duo are standing trial for dishonestly, fraudulently, and without reasonable justification, in the abuse of your respective offices, conspired between yourselves, misappropriated, diverted, and converted the sum of Two Hundred and Forty Million Naira (N240,000,000.00) to finance purely personal and private cases for your own personal and private benefit, thereby causing wrongful gain to yourselves and wrongful loss to the government and people of Kano State.”
The document further revealed that the prosecution plans to present four witnesses to testify against the defendants. It alleged that Ganduje, leveraging his position as the governor, conspired with Lawan, who initiated a memo requesting the release of the funds, ostensibly for civil litigation, involving Kano State staff allegedly abused by the EFCC.
“In reality, the funds were purportedly used to secure an order preventing the EFCC from investigating bribery and corruption allegations against Ganduje,” the court charges read.
The charges against Ganduje and Lawan include criminal conspiracy, criminal breach of trust, and criminal misappropriation, all contravening various sections of the Penal Code (as amended) CAP 105, Vol. 2, Laws of Kano State of Nigeria. The court has yet to set a date for the commencement of the trial.
This latest legal action follows a series of legal challenges faced by Ganduje and his associates. Recently, the court entered a not-guilty plea for Ganduje, his wife Hafsat Umar, and other defendants in absentia, on an eight-count charge that includes allegations of bribery, misappropriation, and division of public funds amounting to billions of naira.
The offence, the state government said, is punishable under Sections 97 and 315. The state government accused Ganduje and Lawan of abuse of office. Although no date has been fixed for the arraignment, the state government said it intends to present four witnesses. Last week, the Kano State High Court had ruled that the trial of Ganduje, and others accused of bribery and misappropriation would continue even in their absence.
The state government had filed an eight-count charge against Ganduje, his wife Hafsat Umar; Abubakar Bawuro; Umar Abdullahi Umar; Jibrilla Muhammad, Lamash Properties Limited, Safari Textiles Limited, and Lasage General Enterprises Limited. The charges involve allegations of bribery, misappropriation, and the diversion of public funds amounting to billions of naira.
Ruling, last Thursday, Justice Amina Adamu-Aliyu dismissed the state government’s application for a bench warrant against the defendants. “The trial of the defendants continues even in their absence,” she stated. The court had previously, on June 5, granted an order to serve Ganduje and the other defendants through substituted service.
The prosecution counsel, Adeola Adedipe (SAN) informed the court that the defendants had been served, and an affidavit of service was filed on June 6. However, counsel for the sixth respondent, Nureini Jimoh (SAN), contended that service had not been properly effected on his client. He also mentioned that an application for a stay of execution had been filed before the Court of Appeal, “restraining the prosecution from publishing any charges against the sixth respondent”.
Jimoh urged the court to dismiss the prosecution’s application for a warrant of arrest and to refrain from entering a plea of not guilty on behalf of the sixth respondent. Justice Adamu-Aliyu has adjourned the case until October 23 and 24 for the hearing of the preliminary objection and the main charge.