- For being absent in court
A High Court of the Federal Capital Territory (FCT) sitting in Maitama has issued a bench warrant for the arrest of the factional National Chairman of the Peoples Democratic Party (PDP), Senator Kabiru Tanimu Turaki, (SAN).
Justice Peter Kekemeke issued the arrest warrant on Thursday after Turaki failed to attend court for the purpose of his being arraigned on a one count criminal charge brought against him by the Inspector General of Police (IGP) in which he is accused of, among others, giving false information to the police.
When the case was called on Thursday, lawyer to the prosecution, Usman Rabiu said the business of the court for the day was for Turaki to enter his plea to the charge.
Rabiu noted that the defendant was absent in court despite being served with the charge and also served with a hearing notice by the court, informing him about the day’s proceedings.
The lawyer to the prosecution then invoked the provision of Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015 to urge the court to issue an arrest warrant for the defendant to be produced before the court for the purpose of his arraignment.
Rabiu faulted the reference by the defence lawyer, Abdulaziz Ibrahim (SAN) to a motion he filed for the defendant, seeking that the charge be quashed.
He argued that the defence could only challenge the validity of the charge only after the plea of the defendant has been taken.
Ibrahim argued otherwise and urged the court to give him five more days to file written addresses to convince the court that the defendant’s presence was not required until the motion was determined.
Ruling, Justice Kekemeke held that despite being aware of the day’s proceedings having been served with hearing notice and the charge, it was wrong for Turaki to fail to attend court without providing any reason.
The judge noted that the defence lawyer did not deny that his client was served with hearing notice of Thursday’s proceedings, but failed to provide any reason why the defendant was not in court.
Justice Kekemeke held that by the provision of Section 396(2) ACJA 2015 where a defendant, who is aware that a charge is pending against him in court but chose to stay away, the proper order to be made is for bench warrant to ensure the production of the defendant to answer to the charge.
