A Kano State High Court has dismissed a legal challenge by the defence team of former Governor Abdullahi Ganduje against the authority of the prosecution to litigate a case in which he and three others face a 10-count criminal charge over the alleged fraudulent transfer of the state’s stake in Dala Inland Dry Port.
Justice Yusuf Ubale of State High Court No. 2, sitting at the Audu Bako Secretariat Complex, on Tuesday upheld the validity of the fiat—a formal legal authorisation—that empowers the Kano State Government’s prosecution team to appear in the matter. The ruling rejected arguments by Mr Ganduje’s counsel, Aminu Gadanya (SAN), who had contended that the fiat presented by the prosecution was issued for a different case entirely and that all prior proceedings should therefore be set aside.
Prosecuting counsel Muhuyi Magaji, responding to the ruling, described the fiat challenge as unnecessary, arguing that such administrative questions fall squarely within the exclusive authority of the attorney-general, and that the court had now confirmed the prosecution team was properly constituted.
Despite the favourable ruling for the prosecution, proceedings could not continue immediately. The defence indicated it was not ready to argue several outstanding applications still pending before the court.
Muhammad Abdallah, counsel to defendant Abubakar Bawuro, confirmed that the defence sought an adjournment on grounds of unreadiness. Justice Ubale granted the adjournment but warned all parties against further delays, fixing 24 June as the next hearing date for all outstanding applications.
Mr Ganduje is standing trial alongside his aide, Abubakar Bawuro; his lawyer, Adamu Aliyu-Sanda; and the former Managing Director of the Nigerian Shippers’ Council, Hassan Bello.
The prosecution alleges the four conspired to fraudulently transfer 80 per cent of Dala Inland Dry Port’s shares—including the state’s 20 per cent equity—to a private entity registered as “City Green Enterprise,” while also diverting over N4.49 billion in state funds to execute infrastructure projects at the port, including a dual carriageway, electricity installations, and perimeter fencing, for their personal benefit.
The charges include criminal conspiracy, misappropriation of public funds, breach of trust, conflict of interest, and abuse of office.
However, on 5 March 2020, during an Annual General Meeting at the port’s Zaria Road office in Kano, Mr Ganduje’s three children—Abdulaziz Abdullahi Umar, Umar Abdullahi Umar, and Muhammad Abdullahi Umar—were appointed as directors and allotted five million shares each, representing 20 per cent of the company’s 25 million total shares.
Mr Bawuro and the port’s founder, Ahmad Rabiu, were similarly allotted 20 per cent each, creating a five-way equal ownership structure that effectively erased the Kano State Government’s equity in the company.
The state government maintains that due process was not followed in the divestment and that Mr Ganduje exploited his office to undermine the state’s interests.
