Defence counsel for a factional chairman of the African Democratic Congress (ADC), Engr Soffiyanu Bala, Ahmad Fingilla and his co-lawyers staged a walkout from the court on Friday, despite the presiding judge ordering them to remain seated.
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Fingilla, in an oral application, accused the presiding magistrate, Abubakar Abdullahi Koko, of Chief Magistrate Court 1, sitting in Birnin Kebbi, of being biased and having a personal interest in the ongoing trial of his client.
At the resumption of the court at 5:30 pm, following an adjournment earlier in the afternoon to allow for Jumu’ah prayers, Magistrate Koko ruled that the preliminary objection would be taken after the defendant entered his plea.
In his ruling, Koko cited the case of Yahaya Bello vs FG, Section 376 of the Nigerian Constitution, and the Kebbi State Administration of Criminal Justice Law of 2021.
Unsatisfied with the pronouncement, Fingilla asked Magistrate Koko to recuse himself from the case.
He stated, “From the ruling just delivered by the court, it is very clear that this court has preempted the outcome of our preliminary objection. Your Lordship, certainly, we have raised a preliminary objection in a direct criminal complaint filed by one Abdulrazak Abubakar in case No. KB/62DC/2026.
“The case at hand now is CP vs Engr Suffianu Bala, which has nothing to do with Abdulrazak Abubakar. The parties are different and it is a new case. Based on the reasons stated above, with due respect, from Monday till today, it is obvious that this court has an interest in this case. We do not have confidence in this court and request the case be transferred to another.”
In response, the Senior State Counsel from the State Ministry of Justice, Hanafi DanMaigoro, urged the court to proceed with the case. He argued that the defence counsel had failed to provide a single valid reason to support the claim that the court was biased or would not be fair and just. DanMaigoro questioned why the defence counsel had not raised such concerns since the matter commenced in the morning.
In his ruling, Magistrate Koko affirmed his neutrality and directed the parties to continue. However, Fingilla and his co-lawyers—Mudasir Sani, Muhammed Usman, and Nura Lawal walked out of the courtroom, even as the magistrate repeatedly ordered them to sit down.
Fingilla told the court that if the judge would not recuse himself, he would withdraw, asserting that the court could not force him to continue a case against his will. Following the departure of the defence counsel, the charges were read to the defendant, who pleaded not guilty to all counts.
DanMaigoro subsequently sought an adjournment until next Tuesday to enable him to study the police file and the preliminary objection raised by the defendant. The case was adjourned until Tuesday, 28 April 2026, for further hearing.
It will be recalled that Abubakar Bala, a factional chairman of the ADC, was dragged to the Magistrate Court by Abdulrazak Abubakar, another factional chairman, for alleged disobedience of a court order and inciting the public.
Earlier, during the morning session, the Police Prosecutor, Insp. Muntari Mati, informed the court that the defendant was being arraigned for alleged disobedience of a court order and incitement, contrary to Section 116 of the Nigerian Constitution.
As Mati sought permission to read the First Information Report (FIR) to the defendant, he was intercepted by Fingilla, who informed the court of a pending notice of preliminary objection challenging the court’s jurisdiction.
“We would like to draw the attention of the court to the notice of the preliminary objection we filed… challenging the competence of the action and the jurisdiction of this court to entertain this case,” Fingilla said.
He cited the cases of University of Agriculture Makurdi & Ors vs Arch. J.T. Anongo (2021) and the Supreme Court judgment in Asset Management Nominee Ltd & Ors vs Forte Oil & Ors (2023) to justify his argument that the court must decide on jurisdiction before the plea is taken.
However, Senior State Prosecutor Hanafi DanMaigoro announced his appearance and applied to take over the prosecution by virtue of Section 211 of the Nigerian Constitution and Section 121(a) of the Kebbi State Administration of Criminal Justice Law. Magistrate Koko granted the request after Fingilla raised no opposition to the state taking over the case.
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