2 months ago
5
A Kano State High Court sitting in Court 7 ruled that the trial of the national chairman of the All Progressives Congress (APC), Abdullahi Ganduje, his wife, and seven others would continue in absentia.
The court made the decision yesterday following their decision not to appear or send a representative.
The court, presided over by Justice Amina Adamu while delivering her ruling, refused to grant a bench warrant against Ganduje and others as requested by the counsel of the Kano State government.
When the case was up for hearing, the prosecution counsel, Adeola Adedipe (SAN), told the court that service had been affected on the defendants and the affidavit of service dated June 6th.
He added that the 1st, 2nd,3rd, 4th, 5th, 7th and 8th respondents are not in court nor represented, only the 6th; as such, the court should enter a plea of not guilty on their behalf 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.
However, he urged the court to make an order pursuant to section 388 of Kano State ACJL on a bench warrant of arrest for the defendants to maintain the sanctity of the court since they failed to appear before it.
He opposed the 6th 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 6th respondent, Nureini Jimoh (SAN), told the court that service was not affected by the respondent as they had filed a notice of preliminary objection on the competency of the entire charge.
“We applied for an injunction (stay of execution) before the Court of Appeal, restraining the prosecution from publishing any charges against the 6th respondent.”
He urged the court to dismiss the prosecution application on no plea bargain and arrest warrant on the defendant, noting that it is contradictory for the prosecution to say a plea should be entered on the defendant and put warrant arrest on them.
However, in her ruling, the trial judge declined the bench warrant and adjourned the case to the 23rd to strengthen further on the 24th of October 2024 for a hearing on the preliminary objection and hearing of the main matter.
The Kano State government had in a criminal suit charged Ganduje, his wife (Hafsat Umar), son (Abdullahi Umar) and five others – Abubakar Bawuro, Jibrilla Muhammad, Lamash properties Limited, Safari Textiles Limited and Lasage General Enterprises Limited to court on eight-count charge bordering on alleged bribery, diversion and misappropriation of fund to the tune of billions with 15 witness to testify against them.
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