Mr. Akala is an ex-governor of Oyo State, South Western Nigeria.
Justice Akintunde Boade of the Oyo State High Court has declared his intention to stay-off the graft charge involving the former Oyo State Governor, Adebayo Alao-Akala, and two others.
Also involved in the N11.5 billion fraud case is Hosea Agboola, the incumbent Deputy Senate Whip and former Commissioner for Local Government and Chieftaincy Matters under Mr. Akala; and Femi Babalola, an Ibadan-based businessman.
The accused persons were brought before the court on an 11-count charge of misappropriation, concealment of information among others.
The judge, who, on Monday, declared that he is due for retirement by the end of February, said he would not be able to continue with the hearing of the matter as earlier scheduled.
He adjourned hearing till March 27.
Meanwhile, the accused persons have filed an appeal against the earlier ruling of the court, which said they have a case to answer.
The lead counsel to Economic and Financial Crimes Commission, Godwin Obla, had, on Monday, declared his readiness to go on with the trial before the judge announced his due retirement.
Ruling on an application seeking dismissal of charges brought before him, the judge, on the last adjournment date, said the prosecution had availed the court with enough evidence linking the accused with the matter. He declared that the accused have a case to answer.
The 11-count charge includes conspiracy, illegal award of contracts, obtaining by false presence, acquiring property with money derived from illegal act, and concealing the ownership of such property.