The Kano State High Court on Friday rejected the no-case submission by a former commissioner of land in Ganduje's administration, Farouk Bibi, accused of selling a plot of land belonging to a former minister of the FCT, Jeremiah Usaini, to one Baba Sharu.
The defence counsel, A.T Kehinde, argued that, the evidence presented by prosecution was not enough to warrant the charge against the accused.
He said the accused person should not be called to prove his innocence, because of "the presumption of innocence".
The judge, however, disagreed ruling that the court is not trying to to establish guilt or innocence
but rather to establish whether "there is a slightest link to the accused person which would warrant him entry into defence to clear the issue raised by the prosecution".
The court stated that asking accused to enter into defence is not to prove innocence, but rather address issues raised by the prosecution counsel.
Kano State Public Complaints and Anti Corruption Commission (PCACC) had charged Mr. Bibi along with the former permanent secretary of Kano ministry of land, Bello Bari, and a director, Ahmad Ibrahim, with three count charges of fraud.
They are also accused of criminal breach of trust done by selling the plot of Jeremiah Usaini to one Baba Sharu for N5 million and issuing certificates of occupancy in the fictitious name of Aisha Kabeer and Maryam Ado.
The offence contravene section 97 and 315 of Penal Code.
The case has been adjourned to April, 20, 2018 for further hearing.