Also, the Chief Judge has reassigned the case, following a request by counsel to the Kano State Public Complaints and Anti-Corruption Commission.
It should be recalled that the Kano State Public Complaints and Anti-Corruption Commission, earlier arrested, investigated, and intended to arraign the defendant before the Kano State High Court Number 4, presided over by Justice Usman Na’abba.
The Defence Counsel, Professor Nasiru Adamu Aliyu, SAN reminded the court of its judgement earlier delivered on November 21, 2018, in suit No. K/197/2018, which restrained the Kano State Public Complaints and Anti-Corruption Commission from arresting, detaining or arraigning any persons before the court.
Similarly, the counsel, argued that the plea of the defendant would not be taken on the ground that the case is currently pending before a Court of Appeal, Kano Judicial Division.
Also, it should be recalled that on August 8, Justice Naabba ordered and slated August, 22 for a hearing of the preliminary objection on whether or not the plea of the defendant would be taken despite the pending appeal case.
The case was later transferred to Justice Sani.
At the resumption of the case on Tuesday, Counsel to the Defendant Nasir Adamu Aliyu, SAN told the court that his office was served, with the interim order late evening on August 18, 2023, by Justice Hafsat Yahaya Sani, restraining his client from enjoying certain privileges.
Furthermore, he said he asked his client to comply, with the court order until he files a proper application to set aside the order.
He argued that the order restraining his client was appealed against the decision of the court, with coordinated and concurrent jurisdiction
He maintained that he is not challenging the transfer of the case to a new court but according to him, issuance of an interim order is like treating an issue already dealt with by a court of concurrent jurisdiction.
In her ruling, Justice Hafsat Yahaya Sani averred that the issuance of an interim order against the defendant is similar to sitting on appeal of Judicial Review of its own brother, Justice Naabba, which is not allowed in law.
She consequently set aside the interim order against the defendant and urged Kano State Public Complaints and Anti-Corruption to file and serve its response on preliminary objection challenging the jurisdiction of the court to assume jurisdiction, despite the appeal, pending before the Court of Appeal.
He adjourned the case to September 7, 2023, for hearing of the preliminary objection application.
