A Kano State High Court,on Monday, adjourned until May 16 for ruling in an application filed by the State Government, seeking substituted service of case against the National Chairman of All Progressive Congress(APC), Dr Abdullahi Ganduje and seven others.
Ganduje, alongside his wife,Hafsat Umar, Abubakar Bawuro, Umar Abdullahi Umar, Jibrilla Muhammad, Lamash properties Limited,Safari Textiles Limited and Lasage General Enterprises Limited, are to be charged with eight counts bordering on bribery allegations, misappropriation and diversion of public funds running into billions of Naira against the defendants.
At the resumed hearing on Monday, Justice Usman Na’abba, adjourned the matter until May 16 for ruling in an application on the mode of service on the respondents and hearing of pending applications.
Earlier, the Prosecution Counsel, Mr Adeola Adedipe, SAN, argued that service of a criminal charge could be effected by substituted means.
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“My lord Section 378 (5) ACJL 2019 Kano State provides that an application for leave may be brought before the Court on the effect of substituted service.
“Service on the defendant may be through his surety and legal practitioner among others” Adedipe said.
He urged the court to dismiss the respondents’ application, adding that their argument was pre-emptive and premature.
Counsel to the 6th respondent, Mr Nureini Jimoh, SAN, told the court that in a criminal trial, suspects were taken by law enforcement agencies.
He argued that the process of inviting the respondents to court had not been followed.
“There is no way the respondents have been invited.
“There is no charge in this case; what i have is application to prepare a charge,the court cannot rely on section 378 in bringing the respondents to court.
“I represent Lamash Properties limited, I am not a natural person where I can be served through substituted means” Jimoh said.
He objected to the motion exparte by the prosecution seeking to serve the respondents through substituted means.
NAN reports that Ganduje, 2nd, 3rd, 4th, 5th, 7th and 8th respondents, were absent in court and were not represented.
