A HIGH Court of the Federal Capital Territory (FCT) sitting in Maitama, Abuja, has issued a bench warrant for the arrest of the factional national chairman of the Peoples Democratic Party (PDP) Kabiru Turaki, after he failed to appear in court for his arraignment in a criminal case filed by the Inspector-General of Police (IGP).
The presiding judge, Peter Kekemeke, gave the order on Thursday, March 26.
He held that Turaki, a former minister, had no justification for his absence despite being duly notified of the proceedings.
The police had instituted a one-count charge against Turaki, accusing him of providing false information in a petition dated October 5, 2022.
According to the charge, Turaki allegedly gave misleading information to the IGP against one Saidi Mohammed Mainasara with the intent of using the police’s lawful authority to cause harm or annoyance.
The police linked the development to an offence punishable under Section 140 of the Penal Code.
When the matter came up, prosecution counsel, Usman Rabiu, informed the court that the case was scheduled for the defendant to take his plea.
He noted that Turaki had been served both the charge and a hearing notice but failed to attend court.
Rabiu subsequently urged the court to invoke Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015, and issue a bench warrant to compel the defendant’s appearance.
The prosecution also opposed the defence’s reliance on a pending motion seeking to quash the charge, arguing that such an application could only be entertained after the defendant has been arraigned and his plea taken.
Responding, defence counsel, Abdulaziz Ibrahim, a senior advocate, argued that his client had already filed a motion challenging the validity of the charge and maintained that Turaki’s presence in court was not necessary until that application was determined.
He further requested additional time to file written addresses to support the motion.
However, the judge rejected the defence’s position, ruling that the application to quash the charge was premature and could not be heard before arraignment.
Kekemeke observed that the defence did not deny that Turaki had been served with the relevant court processes but failed to provide any reasonable explanation for his absence.
Citing the provisions of Section 396(2) of the ACJA, the court held that where a defendant who is aware of a pending charge deliberately fails to appear, the appropriate step is to issue a bench warrant to secure his attendance.
The judge consequently ordered Turaki’s arrest to ensure he appears before the court to answer to the charge and adjourned the matter till April 22 for his arraignment.
Earlier proceedings
The ICIR reports that the defendant was initially scheduled for arraignment on January 28, but the hearing could also not go on because he did not appear in court.
During the session, the prosecution informed the court that Turaki was expected to be present, in line with a prior summons issued by the court and urged the judge to issue a bench warrant for his arrest.
In response, defence counsel explained that his client was absent due to a letter sent to the Chief Judge of the FCT High Court, requesting that the case be reassigned to another judge.
The lawyer also noted that a petition had been filed questioning the court’s impartiality.
However, the court held that such a petition did not automatically halt criminal proceedings unless the Chief Judge issues a directive to that effect.
Mustapha Usman is an investigative journalist with the International Centre for Investigative Reporting. You can easily reach him via: musman@icirnigeria.com. He tweets @UsmanMustapha_M