Kano Govt Files Fresh Charges Against Ganduje

The Kano State Government has filed new charges against Dr. Abdullahi Ganduje, a former governor and current APC National Chairman, and Musa Lawan, the former Commissioner for Justice. The charges, registered under case No. K/143c/24 on Tuesday, allege criminal conspiracy and misappropriation of funds, 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.

The accusations involve financial misconduct related to the misappropriation, diversion, and conversion of ₦240 million for personal use. The charge sheet states, “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 prosecution plans to present four witnesses to testify against the defendants. The charges also allege that Ganduje used his position as governor to conspire with Lawan, who initiated a memo requesting the release of the funds under the pretense of 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.

These charges include criminal conspiracy, criminal breach of trust, and criminal misappropriation, all violating various sections of the Penal Code (as amended) CAP 105, Vol. 2, Laws of Kano State of Nigeria. The court has not yet scheduled a date for the trial’s commencement.

This legal action adds to the series of challenges faced by Ganduje and his associates. Recently, the court entered a not-guilty plea on behalf of Ganduje, his wife Hafsat Umar, and other defendants in absentia, on an eight-count charge that includes allegations of bribery, misappropriation, and diversion of public funds amounting to billions of Naira.

These offenses are contrary and punishable under Sections 97 and 315 of the Penal Code. Although no date has been fixed for the arraignment, the state government intends to present four witnesses.

The Kano State High Court recently ruled that the trial of Ganduje and others accused of bribery and misappropriation will proceed 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, involving allegations of bribery, misappropriation, and diversion of public funds amounting to billions of naira.

Justice Amina Adamu-Aliyu dismissed the state government’s application for a bench warrant against the defendants, stating, “The trial of the defendants continues even in their absence.”

The court had previously granted an order to serve Ganduje and the other defendants through substituted service. The prosecution counsel, Adeola Adedipe (SAN), confirmed that the defendants had been served, and an affidavit of service was filed.

Adedipe requested the court to enter a plea of not guilty on behalf of the absent defendants, citing section 278(1)(2) of the Kano State Administration of Criminal Justice Law (ACJL) 2019. He also urged the court to issue a bench warrant of arrest under Section 388 of the Kano State ACJL.

However, counsel for the 6th respondent, Nureini Jimoh (SAN), argued that service had not been properly effected on his client and filed a notice of preliminary objection on the competency of the entire charge, asserting that the court does not have constitutional power on any of the count charges. Jimoh mentioned that an application for a stay of execution had been filed before the Court of Appeal.

Justice Adamu-Aliyu has adjourned the case until October 23 and 24 for the hearing of the preliminary objection and the main charge.