The Federal Capital Territory (FCT) High Court in Maitama, Abuja, has ordered the arrest of a factional national chairman of the Peoples Democratic Party, Kabiru Turaki, over his failure to appear for arraignment in an alleged false information case.
In his ruling on Thursday, the trial judge, Peter Kekemeke, gave a bench warrant for Mr Turaki’s arrest after he failed to attend proceedings in the suit marked CR/647/2026.
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Mr Turaki, who is a Senior Advocate of Nigeria (SAN), is facing a one count of giving false information to the police. The charge was instituted by the Nigerian police.
Charge
According to the charge, Mr Turaki allegedly submitted a petition dated 5 October 2022, to the Inspector-General of Police, accusing one Saidi Mohammed Mainasara of wrongdoing.
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The police claim the petition was false and was made with the intent to invoke the lawful powers of the police to the “injury or annoyance” of Mr Mainasara.
In the charge, the offence is said to be punishable under Section 140 of the Penal Code (Northern Nigeria).
Proceedings
At Thursday’s proceedings, prosecution lawyer, Usman Rabiu, told the court that the matter was scheduled for arraignment and for the defendant to take his plea.
Mr Rabiu informed the court that Mr Turaki had been duly served with the charge and a hearing notice but failed to appear.
He urged the court to invoke Section 396(2) of the Administration of Criminal Justice Act 2015 to issue a bench warrant to compel the defendant’s attendance.
The prosecution opposed a motion filed by defence lawyer, Abdulaziz Ibrahim, also SAN, seeking to quash the charge. He argued that such an application could only be entertained after the defendant has taken his plea.
In response, Mr Ibrahim requested additional time to file written addresses, contending that his client’s presence was not required until the motion to quash was determined.
Ruling
But Mr Kekemeke ruled that Mr Turaki’s absence was unjustified, noting that the defence did not dispute that the defendant had been served with both the charge and the hearing notice.
The judge stated that where a defendant is aware of a pending charge but fails to attend court without explanation, the appropriate order is the issuance of a bench warrant to secure the defendant’s appearance.
He further held that the defence application seeking to quash the charge was premature and could only be heard after arraignment.
READ ALSO: Crisis: PDP exploring lasting resolution – Turaki
The court subsequently issued a bench warrant for Mr Turaki’s arrest and adjourned the case until 22 April for his arraignment.
Mr Turaki, has been enmeshed in the leadership dispute within the Peoples Democratic Party (PDP). He emerged as the party’s national chairman at a convention held in Ibadan, Oyo State, last year. But the court has nullified the convention and rather recognised the interim leadership of the party loyal to the FCT minister, Nyesom Wike.
However, Mr Turaki recently stated the two factions are working tirelessly to bring a lasting peace to the party.
“We are willing to bend as far as our necks and backs allow… PDP will not die. Everything possible will be done to make this reconciliation work,” he said.
His optimism about reconciliation came after the Wike-aligned group scheduled fresh convention of the party for Sunday and Monday.
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