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 Dr. Abdulfatai Ahmed to step aside over concerns of possible conflict of interest and judicial bias.
Justice Osuolalale Ajayi of the Kwara State High Court, however, adjourned the matter until July 21, 2026, to hear the motion seeking his recusal.
In a motion on notice filed on July 13, 2026, Saraki’s legal team, led by Mr. Kamaldeen Ajibade (SAN), argued that Justice Ajayi is also presiding over a separate civil suit arising from the same Offa robbery incident.
According to the defence, the judge is handling Suit No. KWS/492/2024 between Yusuf Aishat Ibikunle and two others against the Governor of Kwara State and others, a case they say is based on substantially the same facts and allegations as the ongoing criminal proceedings.
The lawyers noted that while Saraki and Ahmed are the first and second defendants in the criminal case, they are listed as the third and fourth defendants in the related civil matter.
They argued that the principal issues in both cases are closely connected, raising concerns that the judge’s previous consideration of the facts in the civil proceedings could influence the criminal trial.
According to the 27-page application, the earlier civil case had already commenced before Justice Ajayi, making it necessary for him to recuse himself in order to preserve public confidence in the impartiality of the judicial process.
The defence maintained that there exists a reasonable apprehension of bias because both matters are founded on substantially the same facts.
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The application stated that it is in the interest of justice and in line with the constitutional guarantee of fair hearing for the judge to step aside where circumstances create a reasonable perception of prejudice.
Saraki’s legal team therefore requested the court to return the criminal case file to the Chief Judge of Kwara State for reassignment to another judge of the High Court.
They further argued that granting the application would strengthen public confidence in the administration of justice and would not prejudice the Kwara State Government.
Following arguments before the court, Justice Ajayi adjourned the matter until July 21, 2026, for hearing of the motion seeking his recusal.