The Court of Appeal sitting in Kano has set aside judgment of a Kano Federal High Court that discharged and acquitted a Kano gubernatorial aspirant, Abdulsalam Zaura popularly known as AA Zaura, over a case involving a foreigner from Kuwait.
Zaura was prosecuted by the Economic and Financial Crimes Commission, EFCC, on a five count charge before the Federal High Court sitting in Kano.
The Commission accused Zaura of defrauding a Kuwaiti national by obtaining the sum of $1,320,000 under the pretext that he is in the business of building properties in Dubai, Kuwait and other Arab countries.
On the 9th June 2020, Justice Lewis Allagoa found the defendant not guilty and discharged him on all counts.
Dissatisfied with the judgment of the lower court, counsel representing the prosecution Musa Isah took the matter to court of appeal in a bid to overturn the judgment of the lower court.
In a unanimous decision by three man panel Judges of the Court of Appeal and delivered by Justice Abdullahi Bayero, the judgment of the Federal High Court was set aside.
Bayero also ordered that “the defendant be tried afresh by a different judge other than Justice Allagoa.”
The main point of contention in the appeal was that the accused person was absent when the judgment was delivered and based on several judgment of the Supreme Court, it was held that an accused person must always be present in court throughout his trial including judgment.
It was on that regard that the court of appeal found merit in the appeal and upheld same accordingly.
The court said; “Having determined the issue in favor of the appellant, the appeal naturally succeeds. The judgment of the lower court in suit number FHCK/CR2018/ FRN against Abdulsalam Sale Abdulkarim delivered on June 9th, 2020 is hereby set aside.”
Bayero further ordered that the case be revert back to the Federal High Court and begin afresh.
Mercy Chukwudiebere
