High Court of the Federal Capital Territory, FCT in Maitama has ordered the arrest of Senator Kabiru Tanimu Turaki, SAN, identified as a factional National Chairman of the Peoples Democratic Party, PDP, following his failure to appear in court.
Justice Peter Kekemeke, granted a bench warrant after Turaki did not show up for his scheduled arraignment on one-count criminal charge filed by the Inspector-General of Police, IGP,
The charge borders on allegedly providing false information to law enforcement authorities.
At the hearing, prosecuting counsel, Usman Rabiu informed the court that the matter was slated for the defendant to take his plea.
He pointed out that Turaki had been duly served with both the charge and a hearing notice but was absent without explanation.
Rabiu subsequently relied on Section 396(2) of the Administration of Criminal Justice Act, ACJA 2015, urging the court to compel the defendant’s appearance through a bench warrant.
He also opposed the position of defence counsel, Abdulaziz Ibrahim, SAN, who had earlier filed a motion seeking to quash the charge. According to the prosecution, such an application can only be entertained after the defendant has entered a plea.
In response, Ibrahim requested additional time to file written arguments, maintaining that his client’s physical presence in court was not necessary until the pending motion was resolved.
In a short ruling, Justice Kekemeke held that the defendant’s absence was unjustified, particularly as there was no dispute that he had been properly served.
The court noted that no reason was provided for his failure to attend proceedings.
The judge further ruled that, under Section 396(2) of the ACJA, a court is empowered to issue a bench warrant where a defendant who is aware of a pending charge refuses to appear.
He also dismissed the defence application as premature, stating that any motion challenging the charge can only be considered after arraignment.
The court ordered Turaki’s arrest to ensure his appearance and adjourned the case to April 22 for arraignment.
According to the charge, Turaki is accused of submitting a petition dated October 5, 2022, to the Inspector-General of Police, allegedly containing false claims against one Saidi Mohammed Mainasara.
The prosecution claims the action was intended to trigger police powers to the detriment or harassment of the said individual, an offence punishable under Section 140 of the Penal Code.
(Editor: Terverr Tyav)
