JUST IN: Appeal Court orders retrial of A. A Zaura over fraud
Court of Appeal sitting in Kano on Wednesday sets aside judgment of a Kano Federal High Court that discharged and acquitted a Kano gubernatorial aspirant , Abdulsalam Sale Abdulkarim Zaura popularly known as AA Zaura.
Solacebase reports that Zaura was prosecuted by the Economic and Financial Crimes Commission 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 (One Million Three Hundred and Twenty Thousand Dollars) 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 M. 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.
“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.