By Ayomide Otitoju
Justice Peter Kekemeke of the Federal Capital Territory (FCT) High Court has issued a bench warrant for the arrest of Tanimu Turaki, SAN, the factional National Chairman of the Peoples Democratic Party (PDP), after he failed to appear for his arraignment.
Turaki faces a charge of giving false information to the police, brought by the Inspector-General of Police (IGP). At Thursday’s proceedings, prosecution counsel Usman Rabiu told the court that Turaki was absent despite being duly served with the charge and a hearing notice, which outlined the day’s proceedings for him to enter a plea.
Rabiu argued that the court was justified in issuing a warrant to compel Turaki’s appearance and countered the defence counsel Abdulaziz Ibrahim, SAN, who had referenced a motion seeking to quash the charge. Rabiu maintained that the validity of the charge could only be challenged after the defendant’s plea had been taken.
Ibrahim requested five additional days to file written submissions, urging the court to consider that Turaki’s presence was unnecessary until the motion was determined.
In his ruling, Justice Kekemeke held that Turaki’s absence, despite being aware of the proceedings, was unacceptable. The judge noted that the defence did not dispute that Turaki had been served with the hearing notice but failed to provide a reason for his non-appearance.
Citing Section 396(2) of the Administration of Criminal Justice Act (ACJA) 2015, Justice Kekemeke said that when a defendant knowingly fails to appear, the court is empowered to issue a bench warrant to ensure their presence. He further ruled that the motion to quash the charge was not ripe for hearing and could only be addressed after the defendant’s plea.
