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Charge No
Between
THE STATE
And
1. Abdullahi Umar
2. Hafsat Umar
3. Abubakar Bawuro
4. Umar Abdullahi Umar
5. Jibrilla Muhammad
6. Lamash
7. Safari Textiles Limited
8. Lesage
Limited
APPLICATION TO PREFER A CHARGE UNDER SECTION 211 OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA. 1999 (AS AMENDED) AND SECTIONS 121(1), 126(b) AND 377 OF THE KANO STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW 2019.
By virtue of the powers conferred upon the Attorney General of Kano State by Section 211 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Sections 121(1), 126(b) and 377 of the Administration of Criminal Justice Law, 2019, which powers are delegated to me vide FIAT dated day of October, 2023 under the hand of the said Attorney General, I MUHUYI MAGAJI ESQ do apply to prefer the charge attached herewith against the defendants.
Accompanied with this Application are: –
l. The charge sheet.
2. The list of witnesses and their statements
3. Summary of statements of witnesses
4. The summary of evidence
5. Copies of the statements and other Exhibits
Dated this day of 2024
Y.A. Adamu Esq. A.A. Sani Esq.
Muhuyi Magaji Esq.
Hope Chukunyere Hope Esq.
Counsel to the Prosecution
Whose address for service is No 224 Sabo Bakin zuwo Road, Kano
ADDRESS FOR SERVICE ON THE DEFENDANTS:
1ST, 2 ND , 3 RD AND 4TH Defendants:
No. 19 USAMA STREET MAITAMA ABUJA
5TH DEFENDANT: ANDAL SCIENCE ACADEMY, GWARZO ROAD
6TH DEFENDANT: PLOT 11 KIBIYA HOUSE, ZOO ROAD, KANO 7TH DEFENDANT: NO. 14 LAYIN GWANJO SULEJA, NIGER STATE
8TH DEFENDANT: NA 201 ZOO ROAD KANO.
IN THE HIGH COURT OF JUSTICE OF KANO STATE
IN THE KANO JUDICIAL mus10N
HOLDEN AT KANO
Charge No
Between
THE STATE
And
1. Abdullahi Umar
2. Hafsat Umar
3. Abubakar Bawuro
4. Umar Abdullahi Umar
5. Jibrilla Muhammad
6. Lamash
7. Safari Textiles Limited
8. Lesage
Limited
FIRST HEAD OF CHARGE
That you, Abdullahi Umar Ganduje Sometimes between the period of January 10th
2016 or there about, at Kano in the Kano Judicial Division, while serving as the Governor of Kano State and being a public servant in the government of Kano State corruptly asked for and received the sum of $ 200,000 (Two Hundred Thousand United State Dollars) being benefit for yourself from one of the beneficiaries of contracts awarded by the Kano State Government on your instruction and approval as part of your function as the Governor of Kano State thereby committed the offence of official corruption contrary to and punishable under Section 22 of The Kano State Public Complaints and Anti-corruption Commission Law 2008 (as amended), Law N02 of 2009, Laws of Kano State of Nigeria.
SECOND HEAD OF CHARGE.
That you, Abdullahi Umar Ganduje Sometimes between the period of February
2017 or there about, at Kano in the Kano Judicial Division, while serving as the Governor of Kano State and being a public servant in the government of Kano State agreed to do or caused to be done an illegal act, to wit, dishonestly and/or corruptly to your own advantage collected a kick back of the sum of $ 213,000 (Two Hundred And Thirteen Thousand United State Dollars) being money generated from people and entities seeking or holding the execution of Kano State Government contact and or project for the remodeling of Kantin Kwari textile market as a bribe through one of the contractors (agent) thereby committed the offence of official corruption contrary to and punishable under Section 22 of The Kano State Public Complaints and Anticorruption Commission Law 2008 (as amended), Law N02 of 2009, Laws of Kano State of Nigeria.
THIRD HEAD OF CHARGE
That you, Abdullahi Umar Ganduje Sometimes between the period of September 2020 and march 2021 or there about, at Kano in the Kano Judicial Division, together with one Hafsat Umar (your spouse) and Abubakar Bawuro, a Business man, Safari Textile Ltd, a limited liability company, wholly owned and maintained by the 3 rd Defendant, agreed to do an illegal act to wit: dishonestly converted to your own use the sum of (One Billion Three Hundred and seventy Six million Naira) through account No. 7085982019 belonging to the 3rd Defendant being monies earmarked and approved for the purchase and supply of face marks and other hospital equipment for the health sector, thereby causing wrongful loss to the people and government of Kano State and thereby jointly committed the offence of Criminal Conspiracy contrary to section 96 and punishable under section 97 of The penal code (as amended) CAP,105, Vol.2. The Laws of Kano State of Nigeria, 1991.
FOURTH HEAD OF CHARGE
That you, Abdullahi Umar Ganduje, Sometimes between the period of September 2020 and January 2022 or there about, at Kano in the Kano Judicial Division, together with one Hafsat Umar (your spouse) and Abubakar Bawuro, a Business man, Safari Textile Ltd, a limited liability company, while entrusted with the sum of (One Billion Three Hundred and seventy Six million Naira) or dominion over the said sum, earmarked for the purchase and supply of face masks and other hospital equipment dishonestly misappropriated and/or converted the said sum to your own use through account No. 7085982019 belonging to the 3 rd defendant, thereby jointly committed the offence of Criminal Breach of Trust contrary to section 311 and punishable under section 312 of The penal code (as amended) CAP,105, Vol.2.
The Laws of Kano State of Nigeria, 1991
FIFTH HEAD OF CHARGE
That you, Abdullahi Umar Ganduje Sometimes between the period march of 2021 or there about, at Kano in the Kano Judicial Division, while serving as the Governor and being a public servant in the government of Kano State for your own benefit and that of your immediate family conspire with the 4th defendant (Umar Abdullahi Umar) being your biological son using defendant (Lamash Properties Ltd) a company owned and or operated by members of your family including the 4th defendant and dishonestly allocated 501 (five hundred and one) high density plots of lands you hold in trust for the benefit all Nigerians at Zawachiki layout No. TP/KNUPD/256B in the name of 6th defendant company under the pretext of site and services arrangement in the land compulsory acquired by you being the Governor of Kano State from destitute members of the public (peasant farmers) were it was sold and the proceed part of which the sum of (Seven Hundred Million Naira) was deposited in the account of Bureau de change operator vision Steel link Ltd No. Domicile at Access Bank where dollar equivalent was given to the defendant to the detriment of the people and government of Kano State thereby jointly committed the offence of Criminal Conspiracy contrary to section 96 and punishable under section 97 of The penal code (as amended) CAP,105, Vol.2. The Laws of Kano State of Nigeria, 1991.
SIXTH HEAD OF CHARGE
That you, Abdullahi Umar Ganduje Sometimes between the period march of 2021 or there about, at Kano in the Kano Judicial Division, while serving as the Governor and being a public servant in the government of Kano State for your own benefit and that of your immediate family conspire with the 4th defendant Umar Abdullahi Umar, being your biological son using defendant Lamash Properties Ltd a company substantially owned and or operated by members of your family including the 4th defendant and dishonestly allocated 501 (five hundred and one) high density plots of lands you hold in trust for the benefit all Nigerians at Zawachiki layout No. TP/KNUPDA/256B in the name of 6th defendant company under the pretext of site and services arrangement in the land compulsory acquired by you as a governor of Kano state from destitute members of the public (peasant farmers) which was sold and the proceeds, the sum of (Seven Hundred Million Naira) was deposited in the account of Bureau de change operator vision Steel link Ltd No. 7816362026 Domicile at FCMB where dollar equivalent was given to the defendant thereby causing wrongful gain to yourself and causing wrongful loss to the people and govemment of Kano State thereby jointly committed the offence Criminal Breach of Trust contrary to section 311 and read together with section 79 and punishable under section 312 of The Penal Code (as amended), CAP. 105, Vol. 2. The Laws of the Kano State of Nigeria, 1991.
SEVENTH HEAD OF CHARGE
That you, Abdullahi Umar Ganduje Sometimes between the period of September 2020 and march 2021 or there about, at Kano in the Kano Judicial Division, while serving as the Governor and being a public servant in the govemment of Kano State for your own benefit and that of your immediate family conspire with the 5thnd defendant Jibrilla Muhammad also a public servant in the government of Kano State served as the managing director of Kano State investment and properties Ltd using the defendant Lesage General Enterprise Ltd a company wholly owned and or maintain by your immediate family to convert the Kano state government property known as Kano cotton ginnery located at challawa area of Kano State that was initially valued at (seven hundred million Naira) purportedly at the discounted rate of three hundred and twenty million Naira) the amount which payment was not evident causing wrongful loss to the people and government of Kano State thereby jointly committed the offence of Criminal Conspiracy contrary to section 96 and punishable under section 97 of The penal code (as amended) CAP,105, Vol.2. The Laws of Kano State of Nigeria, 1991.
EIGHTH HEAD OF CHARGE
That you, Abdullahi Umar Ganduje Sometimes between the period of September 2020 and march 2021 or there about, at Kano in the Kano Judicial Division, while serving as the Governor and being a public servant in the government of Kano State for your own benefit and that of your immediate family conspire with the 5thnd defendant Jibrilla Muhammad also a public servant in the government of Kano State served as the managing director of Kano State investment and properties Ltd using the 8 th defendant Lesage General Enterprise Ltd a company wholly owned and or maintain by your immediate family to convert the Kano state government property known as
Kano cotton ginnery located at challawa area of Kano State that was initially valued at (seven hundred million Naira) purportedly at the discounted rate of three hundred and twenty million Naira) the amount which payment was not actually made and documented thereby causing wrongful loss to the people and government of Kano State thereby committed the offence of Criminal Breach of Trust contrary to section 311 read together with section 79, and punishable under section 315 of The Penal Code (as amended), CAP. 105, Vol. 2. The Laws of the Kano State of Nigeria, 1991.
IN THE HIGH COURT OF JUSTICE OF KANO STATE
IN THE KANO JUDICIAL mus10N
HOLDEN AT KANO Charge No
Between:
THE STATE Complainant
And
I. Abdullahi Umar Ganduje
2. Hafsat Umar
3. Abubakar Bawuro
4. Umar Abdullahi Umar
5. Jibrilla Muhammad
6. Lamash Properties LimitedRespondents
7. Safari Textiles Limited
8. Lesage General Enterprises
Limited
LIST OF PROSECUTION WITNESSES 1. XYZ
This witness will inform the court that he is a forensic expert employed During investigation to analyze the video evidence in which the I st defendant is shown collecting the bribe from contractor he appointed as agent of collecting kickback and will be led to tell the court that the video evidence analyzed is genuine and reflect the true position of the transaction therein.
He will also be led to tell the court the technology he used in analyzing the video evidence and its efficacy, reliability and accuracy.
2. MA
The witness will be led to tell the court that he was delegated by the 1 st defendant to mobilize the kickbacks from any contractor handling Kano State government projects. He will tell the court that the relationship he had with the 1 st defendant and the number of contracts he was handling prior to leak of the bribery video evidence as well as motivation that led him to record their interactions whenever he is to deliver the money to the 1 st defendant. He will also be made to tell the court what happened with his relationship and the 1 st defendant in the aftermath.
He will equally tell the court the type of device he used in the recordings of the video evidence.
This witness will be led to inform the court that he is one of the contractors handling Kano State Government contracts and has indeed given his share of the kick back to the delegated agent at the instance of the 1 st defendant.
4. KM
This witness will be led to inform the court that he is into the contract business construction and the 1 st Defendant after awarding contracts to him he was made to part with certain percentage that was converted into dollars for delivery to the 1 st defendant through appointed agent who is also a fellow contractor.
5. Yusuf Mohammad Danduwa
This witness will tell the court how he was asked by the 1 st Defendant to revoked not only the contracts handled the appointed agent, but his title document of a landed property he was building a private business in Tarauni Local government area of the metropolis.
6. Hussain Muhammad Dan Borno (DSS officer).
This witness has to be subpoenaed before the court to identify himself in the video evidence and to tell the court that he indeed worked with the 1 st defendant as a security details during the time the video was recorded.
7. Inspector Muhammad Nuhu of Nigeria Police to state that he is a Police officer attached to Kano State Public Complaints and Anti-Corruption Commission, and to state how he and his team investigated this case and to also state the outcome of his investigation. The video evidence, statements, forensic analysis and other exhibits would be tendered through this witness.
8. Abdullahi Mamman of EFCC.
This witness will be subpoenaed to tender in evidence the device used in recording the video evidence and other exhibits they recover during their separate investigation of the matter under prosecution in this case.
10. HO
This witness will state that she is a bank staff of FCMB and that she will inform the court that she is aware that the sum of was sent to Vision Link Account domicile in my bank through Access Bank Plc and that the same amount was re transferred to a Bureau De Change account named Asma’ul Husnah also domiciled in my bank. To also state that the Dollar equivalent of the said sum was delivered to FCMB Bompai Branch manager.
11. IH
To state that he is the staff of FCMB and that he was aware that the sum of was transferred to Bureau De Change Account name, Asma’ul Husnah and that when the said sum was converted to Dollar equivalent, he was the one who counted and confirmed the genuineness of the currency notes before handing them to the Bompai Branch manager.
12 Corporate affairs Commission official.
This witness will be subpoenaed to tender in evidence, the CTC of the report in respect of the 6th 7th and defendants.
He will be led to tell the court that the 1 st 2nd 3 rd and defendants are all directors of the 7th defendant alongside other children of the 1 st and 2nd defendants while the defendant and his other siblings are the shareholders of the 8 th defendant.
He will equally be led to inform the court that the 3 rd defendant who is a director in the 7th defendant company is also a sole proprietor of STL Enterprise which only a business name registered with the commission. He will led to inform the court that Abdulrazaq
Sahabo Bawuro who is a son of the 3rd defendant is a director to the defendant along with Abdulwahab Sulaiman a Son in-law to the 1 st and 2 nd defendant and the immediate past managing director of KNUPDA.
13. MS:
This witness will be led to inform the court that he is a director in the 6th defendant company and manage the affairs of the company. He will tell the court that he was introduced to the family of the 1st defendant by a third party where they floated the defendant to just to undertake activities in Kano State Government of the interest. He will tell the court that they were given several opportunities in the Government some which he was directly involved like that of Zawaciki and Dawakin Tofa while others he only heard about it. He will be led to tell the court that he is nothing but an errand boy to the 1 st respondent’s family and the 4th defendant is his link to the family. He will tell the court that the defendant informed him about Zawachiki layout and was asked to apply after which he sold the entire 501 plots allocated to the 6 th defendant on the instruction of the 1 st defendant part of the proceed he was asked by the Zainab Buraji that based on respondent’s instruction he should to meet one Sa’idu Kunya who was asked Lamash to deposit same to an account no. forwarded to him.
14. Zainab Buraji
This witness will be led to tell the court that she was the permanent secretary in the Bureau for Land Management between to May 2023. He will inform the court that she was following the instruction of the 1 st defendant when she allocated 501 high density plot to the 6th defendant company through one Alh. Musa Salihu (Lamash). She will inform the court the process to which the acquire the land from the farm owners and the crisis she has to endure before the layout stands.
15. MF
To state that the 3 rd and 7th Defendants maintain an account with FCMB and that the total sum of (One Billion Three Hundred and seventy Six million Naira) was transfered
the commonwealth of the entire people of Kano State. Notably, the prosecution will lead evidence to show that the I st Defendant fraudulently used his privileged position to enrich himself and his immediate family at the detriment of the entire state
It will also be shown by cogent evidence how the 1 st Defendant after compulsory acquisition of landed property at zawachiki area of the metropolis allocated 501 plot under the guise of developing site and services arrangement while in reality it was dishonest arrangement for self-enrichment. The evidence will showcase how 700 million Naira was converted to US$ equivalent of which was given to the defendant a biological son of the 1 st defendant from the generated from these con-upt activities.
The prosecution will equally lead evidence on how the 1 st Defendant unduly prevailed and unduly influenced the transfer of Kano State owed company Kano cotton ginnery to his family’s private company valued at seven hundred and fifty million Naira.
The prosecution shall at the trial of the defendants tender all the related documents such as the statements, statement of Bank Accounts, and any other available documents in connection with the commission of the offenses as charged.
Dated this.. day of 202
Y.A. A amu Esq. A.A. Sani Esq.
Muhuyi Magaji Esq.
Hope Chukunyere C. Esq.
Counsel to the Prosecution.
Whose address for service is No 224 Sabo Bakin Zuwo Road, Kano
