The arraignment of the National Chairman of All Progressives Congress (APC) Dr. Abdullahi Umar Ganduje, his wife Dr. Hafsat Umar Ganduje, and six others on alleged misappropriation of public funds again failed due to contention on service of charges.
The former governor and seven others are facing an eight-count charge bordering on corruption and misappropriation of public resources, instituted by the Kano state government.
Although the prosecution at the last hearing lamented the inability to personally service Ganduje and other respondents with charges, there are counter objections from the defendants against an exparte motion to serve charges through substitute means.
The presiding Judge, Usman Na’abba had directed the prosecution to put the defendants on notice and further convince the court why the exparte motion should be granted.
At the resumed hearing on Monday, prosecution counsel, Adeola Adedipe, a Senior Advocate, moved a fresh exparte motion seeking court leave to serve Ganduje and six others except the six defendants’ charges.
The prosecution counsel held the application was in pursuance to section 378 (5) of Administration of Criminal Justice Law (ACJL), of Kano state, 1999 which provide leave to service criminal service through substituted means.
The Senior counsel emphasized that section 378 (5) has afforded the cure against the mischief of previous laws that prevented room for service of charge through other means.
In a counter argument, Counsel to six defendant (Lamash Properties Ltd) Nuraine Jimoh, a Senior Advocate posited that section 378 (5) of ACJL is against the provision of the constitution.
The Senior lawyer stressed that section 378 (5) is a product of Kano state House of assembly legislation, adding that it would remain ultraverse to equate the portion with the position of the constitution.
Jimoh averted that service of criminal proceedings under item 57 of the first schedule of the Nigeria constitution 1999 is under the exclusive legislation of the national assembly.
He added that section 43 of the 1999 constitution as amended provided exclusive power on National Assembly under concurrent list.
In his ruling, Justice Usman Na’abba reserved ruling on application on exparte motion whether or not Ganduje and six others should be served notice of charge through substitute means till 16th May, 2024.
