Why Kano State High Court is Ordering ‘In Absentia’ Trial for APC National Chairman Ganduje and Wife

The Kano State High Court, presided over by Justice Amina Aliyu, has ordered the trial of the National Chairman of the All Progressives Congress (APC), Abdullahi Ganduje, and his wife, Hafsat Ganduje, to proceed in absentia. The Kano State government has brought an eight-count charge against Ganduje and others, including allegations of bribery, misappropriation, and diversion of public funds amounting to billions of Naira.

Other defendants in the case include Abubakar Bawuro, Umar Abdullahi Umar, Jibrilla Muhammad, Lamash Properties Limited, Safari Textiles Limited, and Lasage General Enterprises Limited. Despite being served through substituted service, the defendants failed to appear in court.

The prosecution counsel, led by Adeola Adediyo SAN, requested the court to issue a bench warrant for the arrest of Ganduje, his wife, and six other defendants. Adediyo argued, “The essence of an arrest warrant is to uphold the sanctity of the court because an order has been made for the defendants to appear before it, and they refused.”

However, the counsel for the sixth respondent, Nureini Jimoh SAN, contested the prosecution’s claim, stating that service was not properly effected on the respondent. Jimoh also noted that they had filed a notice of preliminary objection regarding the court’s jurisdiction and an application for a stay of execution before the Court of Appeal, which restrains the prosecution from publishing any charges against the sixth respondent.

In her ruling, Justice Aliyu dismissed the state government’s application for a bench warrant, citing the current political tension in Kano State. She expressed concern that certain individuals might exploit the court’s actions to disrupt public peace. Consequently, she struck out the request for a bench warrant but affirmed that the trial would continue in the defendants’ absence.

The court has adjourned the matter until October 23 and 24 for the hearing of the preliminary objection and the main charges.

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