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From Godwin Tsa, Abuja
Justice Peter Kekemeke of the High Court of the Federal Capital Territory (FCT) has vacated the bench warrant it issued for the arrest of the factional national chairman of the Peoples Democratic Party (PDP), Kabiru Turaki.
Justice Kekemeke lifted the arrest warrant while ruling yesterday on an oral application by counsel to Turaki, Chris Uche, following Turaki’s appearance in court.
Uche who apologised to the court for his absence on March 26, when the arrest warrant was issued, said Turaki was out of the country, but returned early yesterday and headed straight to the court.
In his apology to the court, Uche said his client is a Senior Advocate of Nigeria and has the highest regard for the court.
According to him, Turaki’s absence on the last date was not intentional, adding that he never intended to disrespect the court.
Uche said, to show good faith, he would withdraw the motion on notice filed by his client for a stay of execution of the arrest warrant, adding that Turaki was also ready to plead to a pending charge.
Responding to the oral application, the prosecution counsel, Usman Rabiu, said he was not opposed to it.
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Rabiu noted that the essence of the arrest warrant was to compel the defendant to submit to the jurisdiction of the court and that since he has attended court, the purpose of the order for his arrest has been achieved.
“Since he (Turaki) is here, we are not opposed to his being arraigned today.”
In his ruling, Justice Kekemeke noted that the defendant attended on his own before the arrest warrant could be executed.
The judge also noted that his lawyer apologised for his absence, even though the reason why he was absent was not clear going by what Uche said. Regardless, he decided to pardon the defendant and proceeded to vacate the arrest warrant.
Justice Kekemeke said since the case was scheduled for yesterday for the hearing of the motion on notice filed by the defendant, it was inappropriate to proceed with the defendant’s arraignment. He also struck out a motion on notice filed by Turaki, in which he had sought the stay of execution of the arrest warrant after Uche applied to withdraw it, and Rabiu did not object.
Justice Kekemeke adjourned April 22 for Turaki’s arraignment on a one-count charge, marked: CR/647/2026, brought against him by the Inspector General of Police (IGP).
The judge had, on March 26, issued the arrest warrant after Turaki failed to attend court for the purpose of his being arraigned on the one-count criminal charge in which he is accused of, among others, giving false information to the police.
The one-count charge reads: “That you Kabiru Tanimu Turaki, (SAN), male, No: 37 T. Y. Danjuma Street, Asokoro, Abuja on or about 5th October, 2022 at Abuja within the jurisdiction of this honourable court you gave false information to the Inspector-General of Police via petition dated 5th October, 2022 and signed by you on your letterhead paper against one Saidi Mohammed Mainasara with intent to use the…… lawful power of Inspector-General of Police to the injury or annoyance of the said Muhammed Mainasara and you thereby committed an offence punishable under Section 140 of the Penal Code Law.
