A Kano High Court Presided over by Justice Amina Aliyu on Thursday ruled that the National Chairman of All Progressives Congress, Abdullahi Ganduje, his Wife, Hafsat, and six others, should not be slammed with bench warrant in a case of alleged diversion of public funds.
The presiding Judge while giving the ruling, expressed worry that because the polity in the state is already charged and that some people are waiting to use the actions of the Court to cause mayhem, the prayers for bench warrant is hereby struck out.
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However, the Judge said that the Dependants whom she knows that they were served with a substituted means of service but refused to appear before would also be tried even in absentia.
In the same vein, the Court entered into a Plea of No Guilty against the Dependants and reserved Judgement of the Counsel to the Respondents, Barrister Nuraini Jimoh SAN motion of Preliminary objections on the charges against his clients.
When the case resumed for hearing, Justice Aliyu, worried that despite the service of substitute means was served on them yet they refused to appear before the Court.
The Prosecution Counsel, led by Barrister Adeola Adediyo SAN, wanted the Court to slam the bench warrant on Ganduje, his Wife and six others.
He also prayed that a plea of no guilt be entered for the dependants since they were served and refused to appear, the wench warrants be issued on them since they were served.
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Nuraini Jimoh SAN asked the Court to either strike out the charge or his preliminary objections be heard.
The substitute service was against the 2,3, 5, 7 and 8 Dependents and there were no reasons for them not to appear in Court and as such all arguments as for them are hereby discontent forthwith.
Counsel to Respondents, Nuraini Jimoh SAN, filed a Preliminary objections in the matter insisting that the Court Lacks jurisdiction and the Constitutionality to grant any order, not until his objections are heard.
He cited relevant sections of the State Administration of Criminal Justice Law that allowed his case to be heard and that he had also notified the Court though orally that they have filed an Appeal on the Substituted Service order earlier granted by the Court on 5th June 2024.
The respondents in the case include Abdullahi Umar Ganduje (1st respondent), his wife Hafsat (2nd respondent), and others facing charges related to alleged bribery, diversion, and misappropriation of funds.
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Other respondents named in the case are Abubakar Bawuro (3rd respondent), Umar Abdullahi Umar (4th respondent), Jibrilla Muhammad (5th respondent), Lamash Properties Limited (6th respondent), Safari Textiles Ltd (7th respondent), and Lesage General Enterprises (8th respondent).
The Presiding Judge adjourned the matter to 23 and 24 July 2024 for hearing of Preliminary objections and the substantive charges in the case.
