The court of appeal in Kaduna has nullified a decision by the Kaduna state high court transferring a criminal matter to a magistrate court, ruling that such powers rest solely with the chief judge of the state.
In a unanimous judgment delivered on May 5, 2026, a
three-member panel of the appellate court held that the trial judge exceeded
his powers when he ordered the transfer of a criminal charge involving Zainab
Tahir Yusuf and Ibrahim Kalayi from the high court to the chief magistrate
court in Zaria.
The appeal arose from a ruling delivered by Kabir Dabo,
judge of the Kaduna state high court sitting in Zaria, in charge number
KDH/Z/41C/2022.
The respondents were standing trial on a four-count charge
bordering on criminal conspiracy, forgery and the use of a forged document
under the Penal Code Law of Kaduna state.
During proceedings, the defendants filed preliminary
objections challenging the charge and seeking, among other reliefs, their
discharge from the case.
Following arguments by the parties, the trial court ordered
that the matter be transferred to the chief magistrate court, Chediya Road,
Zaria, citing the heavy workload of the court.
The state government challenged the decision at the court of
appeal.
Delivering the lead judgment, Abimbola Osarugue
Obaseki-Adejumo, justice of the court of appeal, held that the trial judge
lacked the authority to transfer the matter.
The appellate court said section 111 of the Kaduna State
Administration of Criminal Justice Law vests the power to transfer cases from
one court to another exclusively in the chief judge.
The court held that while an assigning judge may distribute
cases among judges within a judicial division, such authority does not extend
to transferring matters from the high court to a magistrate court.
“The only one who can transfer matters at the high court is
the chief judge,” the court held.
The court added that any power conferred by statute must be
exercised strictly in the manner prescribed by law.
The court further held that the trial judge’s order
transferring the criminal case was made outside his jurisdiction and was
therefore a nullity.
Resolving the appeal in favour of the state government, the
court allowed the appeal and set aside the aspect of the high court ruling
directing the transfer of the case.
The appellate court subsequently ordered that the matter be
returned to the chief judge of Kaduna state for reassignment to another judge.
Abdullahi Mahmud Bayero and Sybil Nwaka Gbagi, who sat on
the panel, agreed with the lead judgment and its consequential orders.
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