Court declines Ganduje’s request in port ownership case

The Kano State High Court has affirmed the Kano State Government’s legal team in the port ownership dispute involving former Governor Abdullahi Ganduje.

Mr Ganduje, in February, through his counsel, Aminu Gadanya, SAN, challenged the legal instrument—known as a fiat—authorising the Kano State Government prosecution team’s appearance.

Mr Gadanya argued that the fiat presented by the prosecution was issued for an entirely different matter.

He contended that because the prosecution lacked the specific authority to litigate this case, the court should set aside all prior proceedings conducted by the team.

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On Tuesday, the judge, Yusuf Ubale of the State High Court No. 2, sitting at the Audu Bako Secretariat Complex, affirmed the authority of the prosecution team in the case.

Following the ruling, prosecuting counsel Muhuyi Magaji said the court has resolved the dispute regarding legal representation.

Mr Magaji asserted that the issue of fiat (legal authorisation) raised by the defense was unnecessary.

He argued that such administrative matters typically fall under the exclusive purview of the attorney-general, adding tha the court carefully weighed the arguments and affirmed that the prosecution’s legal team was properly constituted.

Procedural Delays

Despite the ruling, the case couldnotimmediatelycontinue. Mr Magaji noted that while several applications filed by the defence remain pending, proceedings could not move forward because the defense team indicated it was not ready to proceed.

Muhammad Abdallah, counsel to one of the defendants, Abubakar Bawuro, confirmed this position. He stated that the defense requested an adjournment, citing a lack of readiness to argue the outstanding applications.

The court has adjourned the matter until 24 June for the hearing of all outstanding applications.

The presiding judge warned against further procrastination, directing all parties to ensure there are no more delays in the case.

Mr Ganduje and three others are facing a 10-count charge involving criminal conspiracy, misappropriation of public funds, breach of trust, and conflict of interest.

The Kano State Government charged him alongside his aide, Abubakar Bawuro; his lawyer, Adamu Aliyu-Sanda; and the former Managing Director of the Nigerian Shippers’ Council, Hassan Bello.

Inside the prosecution

The state government accused Mr Ganduje and three other defendants of conspiring to fraudulently transfer 80 per cent of the shares of Dala Inland Dry Port, including the state’s 20 per cent equity, to private ownership under the fictitious name of “City Green Enterprise”.

The prosecution also alleged that the defendants diverted over N4.49 billion of Kano State funds to execute infrastructure projects, including a double carriageway, electricity, and perimeter fencing at the dry port, for their personal and family benefit.

The defendants also faced charges of abuse of office and conflict of interest, as it was alleged that they leveraged their official roles to redirect public resources for personal benefit, thereby violating financial and constitutional regulations.

Background

PREMIUM TIMES in September exposed how Mr Ganduje secretly transferred the state government’s 20 per cent stake in the facility to private hands, making his children co-owners of the company before awarding a contract worth more than N4 billion to provide infrastructure for the project.

The transfer ended Kano State’s shareholding in the project, while Mr Ganduje’s children and aide, Abubakar Bawuro, became directors and shareholders.

What PREMIUM TIMES’ investigation exposed

When Dala Inland Dry Port Limited was incorporated on 8 December 2003, its only directors were the founder, Ahmad Rabiu, and his son, Rabiu Ahmad Rabiu.

Two years later, at an extraordinary general meeting on 19 January 2005, the board was expanded with the appointment of four new directors: Abdulaziz Haladu, Anwar Isyaku-Rabiu, Diepreye George, and Abdullahi Kwaru.

Records obtained by this newspaper show that on 5 March 2020, Mr Ganduje’s three children and his longtime associate, Abubakar Bawuro, replaced Mr Rabiu’s son and all other directors elected in 2005 as board members of the company.

Minutes of the company’s Annual General Meeting (AGM), held on 5 March 2020, at its Zaria Road office in Kano, confirmed the appointment of Abdulaziz Abdullahi Umar, Umar Abdullahi Umar, and Muhammad Abdullahi Umar—all children of Mr Ganduje —alongside Mr Bawuro as new directors of Dala Inland Dry Port Limited.

It was also at the meeting that the state government was removed as a co-owner of the dry port and the Ganduje children were appointed, not just as directors, but also as shareholders with five million shares each.

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According to its “ordinary resolution,” the meeting was “attended by all the shareholders,” and “it was unanimously resolved” that Abdulaziz Abdullah Umar, Umar Abdullahi Umar, and Muhammad Abdullahi Umar —the three children of Mr Ganduje —be allotted five million shares each, each being 20 per cent of the total 25 million shares of the company.

Mr Rabiu and Mr Bawuro were also each allotted 20 per cent, creating a new ownership structure of five equal shareholders, each with 20 per cent of the company’s shares.

This structure edged out the Kano State Government from part ownership of the company.

The state government said due process was not followed in the divestment process, accusing Mr Ganduje of using his office to undermine the state.