FACTIONAL National Chairman of the Peoples Democratic Party (PDP), Senator Tanimu Turaki, was on Wednesday arraigned before a High Court of the Federal Capital Territory (FCT) sitting in Maitama over allegations bordering on false information.
News Point Nigeria reports that Turaki was brought before the court on a one-count charge filed against him by the Inspector General of Police (IGP), accusing him, among other things, of providing false information to the police.
According to the charge, the PDP chieftain allegedly submitted a petition on his letterhead dated October 5, 2022, addressed to the IGP, in which he accused Saidi Mohammed Mainasara, with the intention of using the lawful powers of the police chief to the injury or annoyance of the said Mainasara.
The prosecution stated that the alleged offence is punishable under Section 140 of the Penal Code Law.
When the charge was read to him, Turaki pleaded not guilty, prompting the prosecuting counsel, Usman Rabiu, to request a date for the commencement of trial.
Counsel to the defendant, Abdulaziz Ibrahim (SAN), informed the court of a motion for bail already filed on behalf of his client, pending the hearing and determination of the case.
Ibrahim explained that the application was brought pursuant to Section 36(5) and (6)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
He further argued that, in line with Section 163 of the Administration of Criminal Justice Act (ACJA), the defendant was entitled to bail as of right unless the court decided otherwise.
The defence lawyer noted that the prosecution did not state in its counter affidavit that the defendant was not entitled to bail.
He also refuted claims by the prosecution that Turaki had evaded service, maintaining that his client was merely out of town at the time attempts were made to serve him with the charge.
To further demonstrate his client’s willingness to face trial, Ibrahim told the court that Turaki personally appeared in court on April 1 and apologised for his absence on March 26, when he was initially scheduled to be arraigned.
He urged the court to grant bail to the defendant on self-recognisance, citing his status as an elder statesman, former minister, respected community leader, and holder of several chieftaincy titles.
Ibrahim also described Turaki as a legal practitioner with over 40 years of experience, including 20 years as a Senior Advocate of Nigeria (SAN), and referred to him as the authentic leader of the PDP.
In response, the prosecuting counsel, Rabiu, acknowledged that granting bail was at the discretion of the court but urged the judge to consider the provisions of Section 162 of the ACJA in exercising that discretion.
Rabiu argued that the court should refuse the bail application and instead remand the defendant in a custodial facility pending the hearing and determination of the case, noting that Turaki’s antecedents and actions were already before the court.
Delivering his ruling, Justice Peter Kekemeke held that while bail is granted at the discretion of the court, it also touches on fundamental rights.
The judge observed that although a bench warrant had earlier been issued against the defendant, Turaki subsequently appeared in court before the warrant could be executed, leading to its eventual vacation.
Justice Kekemeke ruled that the prosecution failed to provide sufficient reasons to justify denying the defendant bail.
He consequently granted Turaki bail in the sum of N100 million with one surety in like sum.
The court further stipulated that the surety must either be a Senior Advocate of Nigeria with not less than 20 years of standing or a lawyer with over 40 years of professional practice.