A High Court in Kano state on Monday fixed May 16, 2024 for ruling on whether the court will allow service through substituted means to respondents in the case between the Kano state government and former Governor Abdullahi Ganduje and eight others.
Ganduje, his wife Hafsat and son Umar and five others, who are defendants in the suit, were expected to be arraigned on eight count charges bordering on a $413,000 bribery allegation, diversion and misappropriation of funds to the tune of N1.38bn and abuse of office among other allegations.
But the presiding judge, Justice Usman Na’abba, after listening to arguments and counter arguments on whether the respondents could be served using alternative means, fixed May 16 for his ruling on the applications.
During hearing on Monday, the prosecution counsel, Adeola Adedigbe, SAN, said a criminal charge can be effected by substituted means.
“Section 378 sub section 5 of the Kano State ACJL provides that the application for leave may be brought before the Court on the effect of substituted service.
“Service on the defendant may be through his legal practitioner, surety and adult in his house,” he submitted.
Legal counsel standing in for respondent number six, Lamash Properties Limited, Nuraini Jimoh, SAN, argued that respondents in a criminal case cannot be served through substitute means.
However, the counsel for the state government, Adeola Adedigbe, made reference to a Kano state law 378/5 that allows service in criminal cases to be made using substitute means.
Jimoh described the Kano state law as ‘Ultra Vires’ and 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 stated.
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 described the legal process as having to include the police who will make an arrest, get a statement, the First Information Report, keep the suspect in detention or release him on bail, depending on whether the criminal case involves manslaughter, rape or murder and then arraign arraign him before a court of law.
He added that the attempt to make the court allow service by substitute means, when no effort has been made to reach the respondents, makes the service taken transfer its responsibility to the court. He added that it is a violation of the Sec 36 of the constitution.
The prosecution counsel argued that the defense counsel’s submission was premature and preemptive.
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