The Federal High Court in Abuja on Wednesday granted an application by Sani Malumfashi, a professor and chairman of the Kano State Independent Electoral Commission (KANSIEC), and his co-defendants to embark on Islamic pilgrimages to Mecca.
Mr Malumfashi’s co-defendants are the Secretary of KANSIEC, Anas Muhammed Mustapha, and Ado Garba, a Deputy Director in the Accounts Department of the state’s electoral body.
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The defendants are facing charges of fraudulently taking N1 billion between November and December 2024.
Judge James Omotosho granted the application after the defence lawyer, Okechukwu Edeze, moved three applications to that effect.
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“I have listened to the applications and reactions of the prosecution. The applications, as consolidated, are also granted as prayed,” ruled Mr Omotosho.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC), in six counts, accused the defendants of siphoning the sums of N450 million, N310 million and N260 million between November and December 2024.
The defendants were arraigned on 27 January and remanded in custody pending bail application. The following day, 28 January, the court granted them bail of N200 million each.
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The judge then adjourned the matter until 4 March for commencement of trial. But when the matter resumed on Wednesday, Mr Edeze informed the court of the defendants’ application to travel for Umrah and later for Hajj.
While moving the application on Wednesday, Mr Edeze told the court that the applications for the three defendants “all related in character and nature” and that the commissioner’s application was filed on 27 February.
The judge therefore consolidated the application with those of two others to save time. Mr Edeze did not state the dates the other two were filed.
He said the applications sought an order of the court to release the passports of the defendants, and requested that the court grant the applications so they could attend Umrah and Hajj.
The prosecution lawyer from ICPC, Osuobeni Akponimisingha, did not oppose the applications “since they are going for a religious exercise,” acknowledging that it is the defendants’ right.
Applications granted
Therefore , the judge granted the applications as prayed.
Following the ruling, the prosecution lawyer told the court that he had two witnesses in court and asked for a date for commencement of trial.
He also said he “just remembered that the defendants are government workers, and such applications are supposed to be accompanied by leave letters” from the government, but the judge noted that he did not oppose the application after it was mentioned by the defence.
The judge requested to see the faces of the witnesses, and the two ICPC witnesses announced appearances in court.
Mr Omotosho then asked when the religious events would end so he could fix the next hearing dates accordingly.
The defence said it is expected to end by June, since both Hajj and Umrah are involved.
The judge asked Mr Edeze if he thought it was important that the defendants attend the two events considering the “nature of the case.”
He noted that Hajj is mandatory and Umrah is a lesser, voluntary pilgrimage, adding that June is far away because both events should take not more than six weeks.
However, Mr Omotisho reluctantly agreed and adjourned the case until 30 June.
READ ALSO: Alleged N1bn Fraud: Court remands Kano electoral commission chairman, others
Background
The fraud charges, filed on 1 December 2025 by ICPC’s lawyer, Mr Akponimisingha, accused the defendants of unlawfully taking N450 million, N310 million, and N260 million between November and December 2024.
ICPC alleged that Messrs Malumfashi, Mustapha, and Garba, between November and December 2024 in Kano, conspired to take possession of N450 million cash through SLM Agro Global Farm account numbers 0018222634 and 0015932143 with Jaiz Bank on 1 November 2024.
The money was said to form part of the proceeds of unlawful activity.
The offence is contrary to Sections 2(1)(b) and 18(2)(d) and punishable under Section 18(3) of the Money Laundering (Prevention & Prohibition) Act, 2022, among other counts.
The case was initially assigned to another judge, Joyce Abdulmalik, in 2025, but was struck out over ICPC’s failure to serve court documents on the defendants.
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