Alleged Ganduje Fraud: Court To Decide On Charges Service Through Substitute Means May 16
By Abdullahi Yusuf
A Kano High Court has fixed 16, May, 2024, to rule on wether Criminal Charges can served to Former Governor Abdullahi Umar Ganduje, his Wife, Hafsat Ganduje, and six others, through substituted means.
Prosecuting Counsel in the Criminal Case, Barrister Adeola Adedegbe, is asking the Court to allow him send service charges through substitute means to respondents in the case, Former Governor Ganduje, his Wife and six others.
Justice Usman Na’abba, the presiding Judge, who listened attentively to arguments and counter arguments of the Dependants and Prosecuting Counsels on the case on Monday, and on whether the respondents could be served through substitute means, refused to hasten his ruling on the matter as requested by one of the Counsels.
Counsel representing respondent number six, Lamash Properties Limited, Barrister Nuraini Jimoh SAN, argued that respondents in a criminal case cannot be served through substitute means and the position of Kano State Laws that allowed for that could be applicable in a Case that Federal Constitution has say in it.
In his argument, he described the Kano state law as ‘Ultra Vires’ and is inferior to the Nigerian Constitution that restricts such action. He explained that the Nigeria law says that service of criminal charge is on the exclusive legislative list.
“Hence, the Kano state Assembly law that allows service of criminal summons by substitute means is Ultra Vires,” he argued.
He further argued that there is no charge before the court against the respondents as the application before it reads, “Application to prepare a charge”.
He added that the attempt to make the court allow service by substituted means, when no effort had been made to reach the respondents, made the service taken transfer its responsibility to the court. He added that it is a violation of the Sec 36 of the constitution.
On his side, the Counsel representing the State Government, Adeola Adedigbe, made reference to a Kano State law 378/5 that allows service in criminal case to be made using substitute means.
The Presiding Judge, Justice Usman Na’Abba, said he could not take immediate decision on the matter as he had to look at the several arguments raised, and therefore,fixed 16 May 2024 for ruling on the matter.
