The Kano State High Court, on Thursday, insisted that the trial of the chairman of the All Progressive Congress (APC), Abdullahi Ganduje, charged with alleged bribery and misappropriation, must continue even in his absence.
The state government instituted an eight-count charge bordering on bribery allegations, misappropriation, and division of public funds, which ran into billions of naira against the defendants.
Mr Ganduje, his wife, Hafsat Umar, Abubakar Bawuro, Umar Abdullahi Umar, Jibrilla Muhammad, Lamash Properties Limited, Safari Textiles Limited, and Lasage General Enterprises Limited are charged with eight counts of bribery, misappropriation and diverting public funds.
On June 5, the court granted an order seeking to serve Mr Ganduje and seven others through substituted service.
In a ruling, Justice Amina Adamu-Aliyu dismissed the application of the state government seeking a bench warrant on the defendant.
She entered a plea of not guilty on behalf of the defendants and refused to strike out the charge.
“The trial of the defendants continues even in their absentia,” she held.
Ms Adamu-Aliyu adjourned the matter until October 23 and 24 for the hearing of the preliminary objection and the main charge.
Earlier, Adeola Adedipe (SAN) told the court that service of court processes had been effected on the defendants and affidavit of service filed on June 6.
“My Lord, the first, second, third, fourth, fifth, seventh and eighth respondents are not in court nor represented only the sixth 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 278(1)(2) of Kano State Administration of Criminal Justice Law(ACJL) 2019. ” He urged the court to make an order pursuant to section 388 of Kano State ACJL on a bench warrant of arrest on the defendants.
“My Lord, the essence of an arrest warrant is for the sanctity of the court because an order has been made for the defendants to appear before it, and they refused,” Mr Adedipe said.
He opposed the sixth respondent’s application on preliminary objection, affidavit of service and notice of appeal for a stay of execution pending the hearing and determination of the case.
Counsel to the sixth respondent, Nureini Jimoh (SAN), told the court that service was not effected on the respondent.
“We filed a notice of preliminary objection on the jurisdiction of the court and filed an application for stay of execution before the Court of appeal, restraining the prosecution from publishing any charges against the sixth respondent,” Mr Jimoh said.
He urged the court to dismiss the prosecution’s application on a warrant of arrest and plea of not guilty on the respondent.
(NAN)
