The Court of Appeal, Ilorin Judicial Division, Kwara State, has rejected applications seeking to stay proceedings in the fresh criminal case arising from the April 5, 2018, Offa bank robbery, clearing the way for the trial involving former Senate President, Dr Bukola Saraki, former Kwara State Governor, Abdulfatah Ahmed, and two former government aides to continue.
The appellate court, presided over by Justice Ridwan Maiwada Abdullahi, refused the applications in two separate appeals filed by Yusuf Abdulwahab, a former Chief of Staff to Ahmed, and Alabi Olalekan, a former political aide to the former governor.
Although the court granted the appellants’ request for additional time to file their reply briefs, it declined to suspend proceedings before the trial court, which is scheduled to continue hearing the case on November 5, 2026.
The ruling followed arguments presented by counsel during proceedings on Tuesday, November 3, 2026, concerning whether the trial should be suspended pending the determination of the appeals.
The first appeal, marked CA/IL/4C/2026, was filed by Yusuf Abdulwahab against the People of Kwara State, former Senate President Olubukola Abubakar Saraki, former Governor Abdulfatah Ahmed and Alabi Olalekan.
The second appeal, marked CA/IL/93C/2026, was instituted by Olalekan against the People of Kwara State, Saraki, Ahmed and Abdulwahab.
Both appeals arose from the criminal proceedings connected with the 2018 Offa robbery and involved substantially similar applications and legal arguments.
At the hearing, J. A. Mumini, SAN, who led A. T. Ahmed, appeared for the appellants and informed the court that the respondents’ briefs had been served on November 2, 2026.
Mumini consequently applied for an abridgment of time to enable the appellants to file their reply briefs within four days.
He also urged the Court of Appeal to stay proceedings before the trial court pending the determination of the appeals.
However, counsel for the People of Kwara State, Chief R. O. Balogun, SAN, opposed the application for a stay of proceedings.
Balogun, who led a team of lawyers including the Director of Public Prosecutions, Ayoola Idowu Akande, Professor Adua Ismail Mustapha, N. A. Sulyman, S. I. Shehu, B. L. Abdulsalam, H. O. Busari and I. A. Olorundare, informed the court that the prosecution had no objection to the appellants’ request for additional time to file their briefs.
He maintained, however, that the application to suspend the criminal proceedings was legally unsustainable.
According to him, a stay of proceedings was no longer permissible in criminal matters under the applicable procedural framework.
The prosecution argued that the pending appeals should not prevent the trial court from continuing with the criminal charges against the defendants.
Balogun further submitted that the request for a stay was an attempt to frustrate the progress of the case and delay the determination of the criminal charges.
He consequently urged the appellate court to reject the application while allowing the appellants additional time to respond to the briefs filed by the other parties.
In his submissions, counsel for the second respondent, K. K. Eleja, SAN, who led Abimbola Ademola, SAN, and I. A. Adedo, took a different position.
Eleja informed the court that he had no objection to either the application for abridgment of time or the request for a stay of proceedings.
He argued that continuing the criminal trial while the appeals remained pending could render the appeals nugatory, particularly if the trial court proceeded to determine matters that were the subject of the appellate challenge.
The Senior Advocate urged the Court of Appeal to exercise its powers under Section 15 of the Court of Appeal Act to order a stay of proceedings.
According to him, the provision empowered the appellate court to make appropriate orders necessary to preserve the subject matter of an appeal.
Counsel for the third respondent, A. R. Abdulrahman, also informed the court that he had no objection to the applications.
Mumini further informed the court that he was representing the fourth respondent in the relevant appeal.
Responding to the submissions supporting a stay, Balogun maintained that the powers conferred on the Court of Appeal under Section 15 could not be exercised beyond the scope of orders that the trial court itself was legally empowered to make.
He argued that the provision did not authorise the appellate court to suspend criminal proceedings where the applicable law did not permit such an order.
The prosecution consequently insisted that the applications for a stay should be refused, maintaining that the criminal case ought to proceed notwithstanding the pending appeals.
After considering the arguments, the Court of Appeal delivered a brief ruling granting the applications for abridgment of time.
The court consequently allowed the appellants four days to file their reply briefs.
However, it refused the requests for a stay of proceedings, holding that no sufficient legal basis had been established to justify suspending the criminal trial.
The court’s ruling means that the pending appeals will not, by themselves, prevent further proceedings in the criminal case before the Kwara State High Court.
The appellate court’s decision also distinguishes the procedural right of the appellants to pursue their appeals from their request to halt the substantive criminal proceedings.
While the appellants remain entitled to prosecute their appeals in accordance with the applicable rules, the refusal of a stay allows the trial court to continue hearing the criminal matter.
Consequently, proceedings in the Offa robbery case are expected to continue on Thursday, November 5, 2026.
The latest development arises from the fresh 20-count criminal charge instituted by the Kwara State Government against Saraki, Ahmed, Abdulwahab and Olalekan in connection with the deadly April 5, 2018, robbery in Offa, Kwara State.
The charge, marked KWS/114C/26, was filed in April 2026 and contains allegations including criminal conspiracy and culpable homicide.
The prosecution alleges that the defendants were connected with individuals involved in the robbery and had roles in the circumstances surrounding the attack.
The 2018 incident involved coordinated attacks on commercial banks and a police station in Offa, resulting in the deaths of several people, including police officers.
The violent robbery attracted national attention and subsequently led to the prosecution of five principal suspects before the Kwara State High Court.
In September 2024, the trial court convicted the five defendants of offences including armed robbery, unlawful possession of firearms and culpable homicide.
Their convictions were subsequently upheld by the Court of Appeal, Ilorin Division.
The current proceedings involving Saraki, Ahmed and the two former aides are separate from the concluded trial that resulted in those convictions.
The new charges followed allegations concerning the possible involvement of other persons in the events surrounding the robbery.
The Kwara State Government maintained that the fresh prosecution was based on evidence concerning alleged criminal conspiracy and support provided to persons involved in the attack.
However, Saraki and Ahmed have consistently denied the allegations.
Saraki previously described the fresh charges as politically motivated, maintaining that he had no direct or indirect involvement in the Offa robbery or any related criminal activity.
Ahmed has also rejected allegations linking him to the incident.
The charges against the four defendants remain allegations which the prosecution must establish before the trial court in accordance with the law.
The latest appellate ruling does not determine whether any of the defendants is guilty of the offences charged.
Rather, it concerns whether the criminal proceedings should be suspended while the appeals filed by Abdulwahab and Olalekan are being pursued.
The refusal of a stay is another procedural development in the litigation surrounding the fresh Offa robbery charges.
In an earlier ruling in October 2026, the Kwara State High Court also rejected an application seeking the withdrawal of a judge from the criminal proceedings and the reassignment of the case to another judicial officer.
The application had raised concerns about alleged bias arising from the judge’s previous involvement in a civil matter connected with the robbery.
However, the court held that the applicant had not established sufficient grounds to justify the judge’s recusal or the transfer of the matter.
The court consequently declined the application and adjourned proceedings to November 5, 2026, for further consideration of issues arising in the trial.
The latest ruling of the Court of Appeal has now removed the immediate procedural obstacle sought by the appellants through their applications for a stay.
With the applications refused, the criminal proceedings can continue while the separate appellate processes follow their course.
The decision underscores the distinction between pursuing an appeal against an interlocutory decision and obtaining a judicial order suspending the trial itself.
Although parties may challenge rulings made during criminal proceedings, the filing of an appeal does not automatically stop the trial court from exercising its jurisdiction.
For Saraki, Ahmed, Abdulwahab and Olalekan, the substantive allegations remain unresolved and subject to determination by the trial court.
The prosecution is expected to continue presenting its case in accordance with the applicable criminal procedure, while the defendants retain their rights to challenge the allegations and present their defence.
The proceedings are scheduled to resume on November 5, 2026, following the Court of Appeal’s refusal to grant the applications seeking to halt the trial.
Post Title: “Criminal Proceedings Cannot Be Stalled” — Court Of Appeal Rejects Stay Applications In Offa Robbery Case Involving Saraki, Ahmed By Naijaonpoint.