JUSTICE Peter Kekemeke of the Federal Capital Territory High Court has issued a bench warrant for the arrest of the factional National Chairman of the Peoples Democratic Party (PDP), Tanimu Turaki, SAN.
News Point Nigeria reports that Justice Kekemeke issued the warrant after Turaki failed to attend court for his arraignment.
The Inspector-General of Police (IGP) charged Turaki with giving false information to the police.
At the day’s proceedings, the prosecution counsel, Usman Rabiu, said the business of the court for the day was for Turaki to enter his plea.
Rabiu noted that the defendant was absent in court despite being served with the charge and a hearing notice by the court, informing him of the day’s proceedings.
He then invoked the provisions of Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015.
The provision was relied upon to urge the court to issue an arrest warrant to compel the defendant’s appearance for the purpose of his arraignment.
Rabiu faulted the reference by the defence counsel, 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 after the defendant’s plea had 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.
In his ruling, Justice Kekemeke held that despite being aware of the day’s proceedings, having been served with the hearing notice and the charge, it was wrong for Turaki to fail to attend court without providing any reason.
He noted that the defence counsel did not deny that his client was served with the hearing notice but failed to provide any reason why the defendant was not in court.
Justice Kekemeke held that by the provision of Section 396(2) of the ACJA 2015, where a defendant who is aware that a charge is pending against him chooses to stay away, the proper order to be made is a bench warrant to ensure the defendant’s production to answer the charge.
The judge further held that the motion filed by the defendant seeking the quashing of the charge was not ripe for hearing.
He added that such a motion could only be heard after the defendant’s plea had been taken.
He therefore ordered that a bench warrant be issued on Turaki to compel him to attend court to answer the pending charge.
Justice Peter Kekemeke then adjourned the case until April 22 for Turaki’s arraignment.