Defendants in a case of criminal conspiracy and theft of gold jewelry valued at N300 million, pending at the Federal Capital Territory (FCT) High Court, have asked the presiding judge, Justice Njideka Nwosu-Iheme, to disqualify herself from conducting the trial over alleged bias.
The defendants, Rukhayat Abbeyson, Lauretu Ahmed, and Sagir Ahmed, through their counsel, Ishaka M. Dikko SAN, are also seeking an order of the court remitting the case file in Charge No. CR/391/2024 to the Chief Judge of the FCT High Court for the purpose of reassignment to another neutral judge of the court for hearing and determination of the charge.
Justice Nwosu-Iheme on Tuesday reserved ruling on the motion to a date to be communicated to the parties.
This was after counsel to both the applicants, Ibrahim Eleja, and Adama Musa for the prosecution, had adopted their briefs of argument for and against the motion.
In his opposition to the motion, Musa urged the court to refuse the application as it was bereft of merit and an attempt to intimidate and cajole the court against proceeding with the matter.
He equally noted the entire gamut of the motion was because the court refused to exercise its discretion in favour of the applicants by rejecting their bail application.
Meanwhile, in the motion filed by counsel to the defendants, they said they no longer have confidence that they will get justice from the trial judge, Justice Nwosu-Iheme of High Court 52, Wuse, Abuja, whom they said may have been compromised.
According to the supporting affidavit deposed to by Sagir Ahmed (3rd defendant), “On June 4, 2024, when she was taken before Justice Nwosu-Iheme for arraignment, my Lord Justice Nwosu-Iheme, while asking for the whereabouts of the 1st and 2nd defendants/applicants (my sister and mother respectively), said that… ‘Are these not the people that stole gold worth N300m and there is a voice recording of them confessing to it, is that why they are running away from it?’” and consequently adjourned the matter to July 17, 2024.
That “On July 17, 2024, the defendants were arraigned before FCT High Court 52, Wuse Zone 2, Abuja, for alleged offence bothering on criminal conspiracy and theft. The plea of the defendants was taken and they all denied the allegations.
“Thereafter, on their behalf, we moved an application for bail of the defendants which was opposed by the prosecution, and the court adjourned to July 19, 2024, for ruling and ordered the defendants to be remanded in Suleja Correctional Service.”
The deponent further averred that on the said July 19, 2024, the court delivered its ruling and refused to grant bail to the defendants, who are being tried for bailable offences, citing that the defendants had earlier jumped administrative bail granted by the complainant, when it was on record that they were never admitted to bail by the complainant, but by the Upper Area Court of FCT, Karu, Abuja.
“That interestingly, the 1st defendant (Rukhayat Usman Abbeyson), as at July 17, 2024, was a nursing mother who gave birth to twins through caesarean section on February 13, 2024, and even came to court with her infant twins of five months.
“That our counsel had to refile a new motion for bail on our behalf on July 25, 2024, before we were granted bail by a vacation judge of the FCT High Court, Justice C.O. Agashieze.
“That the events since the filing and hearing of the charge have shown that the presiding judge, Justice Nwosu-Iheme, has compromised her position of neutrality to the advantage of the complainant against the defendants.
“That the defendants have earlier written a complaint to the Chief Judge of the FCT High Court seeking the transfer of the case from Justice Nwosu-Iheme to another neutral judge and, till date, have not received any response from him.”
The defendants urged the presiding judge to hand off their trial, noting that justice is rooted in confidence.
The defendants were charged with conspiracy and theft by the Commissioner of Police in the Federal Capital Territory (FCT) High Court. The accused, all residents of FCT Abuja, are alleged to have conspired and stolen jewelry valued at N300 million from Hajia Halima Suleiman on March 23, 2024.
According to the charge sheet, the theft occurred at Hajia Halima Suleiman’s residence, No. 26 A, Etang Obuli Crescent, Jabi, FCT-Abuja.
Abbeyson, who worked as a personal assistant to Hajia Halima Suleiman, is accused of being the mastermind behind the theft. The charge alleges that she had access to the safe where the jewelry was kept and was the only person besides the owner who knew the combination to open it.
The list of exhibits includes statements from witnesses and the defendants, a compact disc containing voice notes and calls, bank account statements from Stanbic, Zenith, and Providus Banks, purchase receipts, photographs of the stolen jewelry and the safe, and printouts of chat messages.
In their statements, the defendants claim they are being falsely accused and deny any involvement in the theft.