A Kano High Court presided over by Justice Amina Aliyu on Thursday ruled that the National Chairman of the All Progressives Congress, Abdullahi Ganduje, his wife, Hafsat, and six others, should not be slammed with a bench warrant in a case of alleged diversion of public funds.
The presiding judge, while giving the ruling, expressed worry that because the polity in the state was already charged and that some people were waiting to use the actions of the court to cause mayhem, the prayers for a bench warrant were struck out.
The judge ruled that the trial would proceed in the defendants’ absence, as they had been properly served but chose not to appear.
The defendants will be tried in absentia and the legal process will continue without them.
The court entered a plea of not guilty on behalf of the defendants and reserved judgment on the preliminary objections filed by their counsel, Nuraini Jimoh SAN, regarding the charges against his clients
When the case resumed for hearing, Justice Aliyu expressed concern that the defendants had failed to appear in court despite being served with a substituted means of service.
The prosecution counsel led by Adeola Adediyo, SAN, wanted the court to slam the bench warrant on Ganduje, his wife, and six others.
He also prayed that a plea of no guilt be entered for the defendants since they were served and refused to appear, and the bench warrants be issued on them since they were served.
Jimoh asked the court to either strike out the charge or have his preliminary objections heard.
Jimoh filed preliminary objections in the matter, insisting that the court lacks jurisdiction and the constitutionality to grant any order, not until his objections were heard.
He cited relevant sections of the State Administration of Criminal Justice Law that allowed his case to be heard and that he had also notified the court, though orally, that they had filed an appeal on the substituted service order earlier granted by the court on June 5, 2024.
The respondents in the case include Ganduje (first respondent), his wife, Hafsat (second respondent), and others facing charges related to alleged bribery, diversion, and misappropriation of funds.
Other respondents named in the case are Abubakar Bawuro (third respondent), Umar Abdullahi Umar (fourth respondent), Jibrilla Muhammad (fifth respondent), Lamash Properties Limited (sixth respondent), Safari Textiles Ltd (seventh respondent), and Lesage General Enterprises (eighth respondent).
The presiding judge adjourned the matter till July 23 and 24, 2024, for a hearing of preliminary objections and the substantive charges in the case.