An FCT High Court sitting in Maitama has ordered the arrest of factional Peoples Democratic Party National Chairman, Senator Kabiru Tanimu Turaki. Justice Peter Kekemeke issued a bench warrant on Thursday after Turaki failed to appear in court for his arraignment on a criminal charge.
Turaki is facing a one count charge filed by the Inspector General of Police accusing him of giving false information to the police. The alleged offence relates to a petition he wrote on October 5, 2022 against one Saidi Mohammed Mainasara, which prosecutors say was intended to misuse the IGP’s lawful powers to the injury or annoyance of Mainasara.
When the case was called, prosecution counsel Usman Rabiu told the court that the matter was fixed for Turaki to take his plea. He said Turaki had been duly served with the charge and a hearing notice but still stayed away from the proceedings without offering any explanation.
Rabiu therefore asked the court to rely on Section 396(2) of the Administration of Criminal Justice Act 2015 and issue a warrant for Turaki’s arrest so he could be produced for arraignment. He argued that the defence could only challenge the validity of the charge after the defendant had taken his plea.
Defence lawyer Abdulaziz Ibrahim, SAN, disagreed and asked the court for five days to file written addresses on a pending motion seeking to quash the charge. He contended that Turaki’s presence was not necessary until the court had heard and decided that motion.
In his ruling, Justice Kekemeke held that since Turaki was aware of the case and the hearing date, his absence without any reason was unacceptable. He noted that the defence did not deny receiving the hearing notice and gave no explanation for why the defendant was not in court.
The judge said Section 396(2) ACJA allows the court to issue a bench warrant where a defendant who knows a charge is pending against him deliberately stays away. He ruled that Turaki’s motion to quash the charge was not yet ripe for hearing and could only be taken after his plea.
Justice Kekemeke therefore ordered a bench warrant for Turaki’s arrest to compel his appearance before the court. He adjourned the case until April 22 for Turaki’s arraignment on the charge, which is punishable under Section 140 of the Penal Code.
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