Court issues arrest warrant against factional PDP Chairman Turaki
A Federal Capital Territory High Court on Thursday issued a bench warrant for the arrest of the factional National Chairman of the Peoples Democratic Party (PDP), Tanimu Turaki SAN.
Justice Peter Kekemeke issued the warrant on the grounds of Turaki’s failure to appear for his arraignment in court, after the Inspector-General of Police charged the PDP Chairman for allegedly providing the police with false information.
During proceedings, the prosecution counsel, Usman 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, which was for Turaki to enter his plea.
Invoking the provisions of Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015, the prosecution urge the court to issue a warrant of arrest, compelling the defendant’s appearance for the purpose of arraignment, while faulting the defence counsel’s motion seeking the charge against the defendant to be quashed.
Rabiu argued that the defence could only challenge the validity of the charge after the defendant’s plea had been taken, while the defence counsel Abdulaziz Ibrahim SAN had a contrary view, asking the court for five additional days to file written addresses convincing the court otherwise.
Justice Kekemeke held in his ruling that despite being aware of the day’s proceedings, having been served with the hearing notice and the charge, it was wrong for Turaki not to have attended the court proceedings without any reasonable excuse.
The judge held that the defence counsel failed to provide any reason why the defendant was not in court, and at the same time did not deny service of the hearing notice to his client.
Justice Kekemeke therefore upheld the provision of Section 396(2) of the ACJA 2015, which allows for a bench warrant to ensure a defendant’s appearance to answer a charge, while denying the motion seeking to quash the charge, stating that the motion could only be heard after the defendant’s plea had been taken.
The judge therefore ordered that a bench warrant be issued against Turaki to compel him to attend proceedings to answer the pending charge, while adjourning Turaki’s arraignment to April 22.
