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.
The judge issued the arrest warrant after Turaki failed to attend court for his arraignment on a charge filed against him by the Inspector-General of Police (IGP) for allegedly giving false information to the police.
At Thursday’s proceedings, the prosecution counsel, Usman Rabiu, informed the court that the matter was slated for Turaki to take his plea.
Rabiu noted that the defendant was absent in court despite being duly served with the charge and a hearing notice informing him of the day’s proceedings.
He relied on the provisions of Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015, urging the court to issue a warrant of arrest to compel the defendant’s appearance for arraignment.
Rabiu also faulted the defence counsel, Abdulaziz Ibrahim, SAN, for referring to a motion filed on behalf of the defendant seeking to quash the charge.
He argued that the defence could only challenge the validity of the charge after the defendant’s plea had been taken.
In response, Ibrahim urged the court to grant him five more days to file written addresses to demonstrate 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 proceedings—having been served with both the charge and the hearing notice—it was wrong for Turaki to fail to appear in court without any explanation.
The judge noted that the defence counsel did not deny that his client was served but failed to provide any reason for his absence.
He further held that under Section 396(2) of the ACJA, 2015, where a defendant who is aware of a pending charge deliberately stays away from court, the appropriate order is a bench warrant to ensure the defendant’s appearance.
Justice Kekemeke also ruled that the motion seeking to quash the charge was premature and could only be entertained after the defendant had taken his plea.
He subsequently ordered that a bench warrant be issued against Turaki to compel his attendance in court to answer the charge.
The case was adjourned until April 22 for Turaki’s arraignment.
