AN ABUJA High Court on Thursday issued a bench warrant for the arrest of the factional National Chairman of the Peoples Democratic Party (PDP), Senator Tanimu Turaki, SAN.
Justice Peter 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.
When the case was called, 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 also served with a hearing notice by the court, informing him about the day’s proceedings.
He then invoked the provision of Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015.
The provision was 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 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 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.
He noted that the defence counsel 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.
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’s to compel him to attend court to answer to the pending charge.
Justice Kekemeke then adjourned until April 22 for Turaki’s arraignment. (NAN)
