A Kano State High Court presided by Justice Amina Adamu Aliyu has refused to grant an application by prosecution counsel which sought a bench warrant against former Governor of Kano State and national chairman of the All Progressives Congress (APC), Dr Abdullahi Umar Ganduje, and six others.
Ganduje, his wife, Hafsat, and 6 others were dragged to the court on allegations of fraud and misappropriation of public funds.
The court had granted leave to serve the defendants by substituted means following their non-appearance in the previous sitting.
The court on Thursday also ordered that the defendants to be tried in absentia since they failed to appear before it despite being served the summons.
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Ganduje, his wife Hafsat Umar Ganduje, Abubakar Bawuro, Umar Abdullahi Umar, Jibrilla Muhammad, Lamash properties Limited,Safari Textiles Limited and Lasage General Enterprises Limited, are facing eight count charge bordering on bribery allegations, misappropriation and diversion of public funds running into billions of Naira.
At the resumed hearing, the prosecution counsel, Adeola Adedipe SAN, told the court that service has been effected on the defendants and affidavit of service filed June 6.
“My lord, the 1st, 2nd,3rd, 4th, 5th, 7th and 8th respondents are not in court or represent only the 6th respondent.
“The court should enter a plea of not guilty on behalf of the defendants who refused to answer the complaint in the charge pursuant to section 302(1)(2) of Kano State Administration of Criminal Justice Law(ACJL) 2019”.
Adedipe urged the court to make an order pursuant to section 278 of Kano State ACJL for a bench warrant of arrest against the defendants.
“The essence of arrest warrant is for the sanctity of the court because an order have been made for the defendants to appear before it and they refused”
The lawyer opposed the 6th respondent’s application on preliminary objection, affidavit of service and notice of appeal for stay of execution pending the hearing and determination of the case.
Counsel to the 6th respondent, Nureini Jimoh SAN, told the court that service was not affected on the respondent.
“We filed a notice of preliminary objection on the competency of the entire charge.
“The court does not have constitutional power on any of the count charges.
“We filed an application for injunction (stay of execution) before Court of appeal, restraining the prosecution from publishing any charges against the 6th respondent.”
He urged the court to dismiss the prosecution’s application for an arrest warrant on the defendant.
Jimoh said it is contradictory for the prosecution to say a plea should be entered on the defendant and put warrant arrest on them.
Recall that the court had June 5, granted leave to serve the respondents through substituted service.
The court adjourned the case to 23rd and 24th October for hearing of the preliminary objection submitted by defendants and for hearing of the main charges.
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