The arraignment of the National Chairman of All Progressives Congress (APC) Dr. Abdullahi Umar Ganduje failed on Wednesday over irregularities in service of charges on him and other defendants.
Kano State Government filed eight count charges bordering on corruption and misappropriation of public funds against the former Governor; his wife, Hafsat Umar Ganduje; Umar Abdullahi Ganduje, Jibrila Mohammad, Abubakar Bawuro, Lamash Properties Ltd, and Safari Textile Ltd.
Although Ganduje, his wife Hafsat Ganduje, and five other defendants were absent for arraignment, counsel to one of the defendants (Lamash Properties Ltd), Nuraine Jimoh, a senior advocate, told the court that all the defendants except his client were not personally served with the charges as constitutionally required.
Responding, the prosecution counsel, Yau Adamu confirmed the inability of the court bailiff to locate Ganduje, his wife, and four others.
Adamu however move a motion exparte, seeking the leave of the court to serve the six respondents through substituted means.
In a counterargument, counsel to the sixth defendant, Jimoh insisted that service of the court process is under the Sheriff and civil pprocesses under exclusive jurisdiction.
The lawyer said that criminal cases under the Administration of Criminal Justice Law (ACJL) did not allow service of charges through substituted means.
Having heard the argument of both parties, Justice Usman Na’abba refused the prosecution’s motion exparte to serve the charges through substituted means.
The court however directed that the respondents should rather be put on motion notice.
The court adjourned till 29th April, 2024 for hearing of motion on notice.
