The defendants, Rukhayat Usman Abbeyson, Lauretu Ahmed, and Sagir Ahmed, through their counsel, Ishaka M. Dikko SAN, are also requesting that their case should be transferred to any other neutral judge of the high court of the FCT.
In the application dated July 26 2024 and signed by counsel to the defendants, they said they no longer have confidence that they will get justice from the trial judge, Justice N.K. Nwosu-Iheme of High Court 52 Wuse Abuja, whom they said may have been compromised.
According to the application, “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 to by the prosecution and the court adjourned to July 19, 2024. 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.”
The counsel in the application noted that the judge refused the bail application despite the fact that the first defendant, Rukhayat Usman Abbeyson, is a nursing mother with four months old twins who were delivered through Cesarean section.
The counsel said prior to the July 17 2024 when the defendants were arraigned, before the court, the 3rd defendant was taken to court on June 4 2024 for arraignment. “The 3rd defendant later reported to us that the trial judge made a statement suggesting that he has already concluded that the defendants actually committed the offences alleged against them even before the trial,” he said.
“Your lordship, we have filled a fresh motion for bail of the defendants alongside an affidavit of urgency. However, our clients are convinced that they cannot get justice before the court based on the dispositions of the judge so far in the case and kept wondering about the refusal of their bail application.
“In line with the foregoing, we hereby apply and urge my noble lord to assign the hearing of the motion on notice for bail filed on July 25 2024, to one of the vacation judges and also reassign the hearing of the case to any other neutral judge of the FCT High Court.”
Recall that the three individuals, Rukhayat Usman Abbeyson, Lauretu Ahmed, and Sagir Ahmed, 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. Rukhayat Usman 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 print-outs of chat messages.
In their statements, the defendants claim they are being falsely accused and deny any involvement in the theft.