Defendants standing trial for criminal conspiracy and theft of gold jewelry valued at ₦300 million at the Federal Capital Territory (FCT) High Court have petitioned the presiding judge, Justice Njideka Chioma Nwosu-Iheme, to recuse herself from the case over alleged bias.
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The defendants—Rukhayat Usman Abbeyson, Lauretu Ahmed, and Sagir Ahmed—through their counsel, Ishaka M. Dikko, SAN, are seeking an order directing the transfer of the case (Charge No. CR/391/2024) to the Chief Judge of the FCT High Court for reassignment to another neutral judge.
Justice Nwosu-Iheme has reserved ruling on the motion to a date to be communicated to the parties. This came after counsel for both sides—Ibrahim Eleja (for the defendants) and Adama Musa (for the prosecution)—adopted their briefs of argument for and against the motion.
In his response, prosecuting counsel Musa urged the court to dismiss the application, describing it as lacking merit and intended to intimidate and dissuade the court from continuing with the matter. He noted that the motion stemmed from the judge’s refusal to grant bail to the defendants.
In their application, the defendants argued that they no longer had confidence in receiving a fair trial from Justice Nwosu-Iheme, whom they allege may have been compromised.
In a supporting affidavit deposed to by the third defendant, Sagir Ahmed, he alleged that during his initial appearance before the court on June 4, 2024, Justice Nwosu-Iheme remarked: “Are these not the people that stole gold worth ₦300 million and there is a voice recording of them confessing? Is that why they are running away from it?” The matter was subsequently adjourned to July 17, 2024.
Ahmed further claimed that on July 17, 2024, the defendants were arraigned and pleaded not guilty. Their application for bail was opposed by the prosecution, and the court adjourned ruling to July 19, ordering that the defendants be remanded at Suleja Correctional Centre.
On July 19, the court denied bail, citing that the defendants had previously jumped administrative bail granted by the complainant. The defendants, however, contended that they were never granted bail by the complainant but by the Upper Area Court in Karu, Abuja.
Ahmed also noted that the first defendant, Rukhayat Usman Abbeyson, was a nursing mother who gave birth to twins via caesarean section on February 13, 2024, and had attended court with her five-month-old infants.
Following the denial of bail, their counsel refiled a new bail application on July 25, 2024, which was granted by a vacation judge, Justice C.O. Agashieze.
The affidavit alleges that Justice Nwosu-Iheme has since compromised her neutrality in favor of the complainant. The defendants had earlier written a petition to the Chief Judge of the FCT High Court requesting that the case be reassigned, but have yet to receive a response.
They now urge the judge to recuse herself from the matter, emphasizing that “justice is rooted in confidence.”
The defendants are charged with conspiracy and theft by the Commissioner of Police, FCT. They are alleged to have stolen jewelry worth ₦300 million from Hajia Halima Suleiman on March 23, 2024, at her residence located at No. 26A Etang Obuli Crescent, Jabi, Abuja.
Rukhayat Usman Abbeyson, formerly employed as Suleiman’s personal assistant, is alleged to be the mastermind, having had exclusive access to the safe containing the jewelry.
The case file includes statements from witnesses and defendants, a compact disc containing voice recordings and calls, bank account records from Stanbic IBTC, Zenith, and Providus Banks, purchase receipts, photos of the stolen items and the safe, as well as printouts of chat messages.
The defendants maintain their innocence and claim they are being falsely accused.
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