Justice Kekemeke of an Abuja 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 Kekemeke issued the arrest warrant after Turaki failed to attend court for his arraignment in a charge filed against him by the Inspector-General of Police (IGP) for giving false information to the police.
At the proceedings on Thursday, the prosecution counsel, Usman Rabiu, told the court that, the business of the court was for Turaki to take his plea in the charge.
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 relied on the provisions of Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015 in urging 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 the quash of the charge.
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.
The judge 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.
Justice Kekemeke further held that the motion filed by the defendant seeking the quashing of the charge was not ripe for hearing adding 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 and then adjourned the case till April 22 for Turaki’s arraignment.
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