Dare Babalola
A High Court of the Federal Capital Territory (FCT) sitting in Maitama, Abuja, has issued a bench warrant for the arrest of factional National Chairman of the Peoples Democratic Party (PDP), Kabiru Tanimu Turaki (SAN), over his failure to appear for arraignment.
The trial judge, Justice Peter Kekemeke, made the order on Thursday after the defendant was absent in court despite being duly served with the charge and a hearing notice.
Turaki is facing a one-count criminal charge filed by the Nigeria Police Force under the authority of the Inspector-General of Police (IGP), accusing him of providing false information to the police.
At the hearing, prosecuting counsel, Usman Rabiu, told the court that the matter was scheduled for the defendant to take his plea. He noted that Turaki’s absence was unjustified, stressing that all necessary court processes had been properly served.
Rabiu subsequently invoked Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015, urging the court to issue a bench warrant to compel the defendant’s appearance for arraignment.
However, defence counsel, Abdulaziz Ibrahim (SAN), argued that a motion had already been filed seeking to quash the charge. He requested additional time to file written addresses, maintaining that his client’s presence in court was not necessary until the motion was determined.
The prosecution opposed this argument, insisting that any challenge to the validity of the charge could only be entertained after the defendant had entered his plea.
In his ruling, Justice Kekemeke held that the defendant’s failure to appear in court, despite being aware of the proceedings, was unjustified. He noted that the defence did not dispute service of the hearing notice and failed to provide any explanation for Turaki’s absence.
The judge further ruled that, in line with Section 396(2) of the ACJA, the appropriate order in such circumstances is the issuance of a bench warrant to ensure the defendant is brought before the court.
He also held that the motion seeking to quash the charge was premature and could only be heard after the defendant’s arraignment.
Consequently, the court issued a bench warrant for Turaki’s arrest and adjourned the case until April 22 for arraignment.
According to the charge marked CR/647/2026, Turaki is alleged to have, on October 5, 2022, submitted a petition to the Inspector-General of Police containing false information against one Saidi Mohammed Mainasara, with the intent to misuse police authority to cause harm or annoyance.
The alleged offence is said to be punishable under Section 140 of the Penal Code Law.
