April 22, (THEWILL) — A High Court of the Federal Capital Territory (FCT), Abuja, on Wednesday, admitted factional National Chairman of the Peoples Democratic Party (PDP), Tanimu Turaki (SAN), to bail in the sum of N100 million over an alleged false information charge instituted against him by the Inspector-General of Police (IGP).
Turaki was arraigned on a one-count charge bordering on allegedly giving false information to the police through a petition dated October 5, 2022, written on his letterhead. The prosecution alleged that the petition was intended to use the lawful powers of the IGP to the injury or annoyance of one Saidi Mainasara, an offence said to be punishable under Section 140 of the Penal Code Law.
The defendant, however, pleaded not guilty to the charge when it was read to him in open court.
Following his plea, prosecution counsel, Usman Rabiu, urged the court to fix a date for the commencement of trial.
Ruling on the defendant’s bail application, Justice Peter Kekemeke held that bail is not only at the discretion of the court but also touches on fundamental rights, which must be protected in the absence of compelling reasons to the contrary.
The court observed that although a bench warrant had earlier been issued against Turaki due to his absence at a previous sitting, he subsequently appeared in court before the warrant could be executed. The judge noted that this development informed the court’s decision to vacate the earlier order.
Justice Kekemeke further held that the prosecution failed to place sufficient material before the court to justify the refusal of bail. Consequently, the court admitted Turaki to bail in the sum of N100 million with one surety in like sum.
The court ordered that the surety must be either a Senior Advocate of Nigeria (SAN) with not less than 20 years of practice or a legal practitioner with over 40 years of experience.
Earlier, defence counsel, Abdulaziz Ibrahim (SAN), informed the court that the defendant had filed three separate motions. He sought to withdraw two of them—marked M/1043/26, dated January 26, and M/4847/26, dated March 31—which were subsequently struck out after the prosecution raised no objection.
Ibrahim then moved the third motion, marked FCT/HC/M/5987, seeking an order admitting the defendant to bail pending the hearing and determination of the case. He argued that the application was brought pursuant to Sections 36(5) and (6)(b) of the 1999 Constitution (as amended), which guarantee the presumption of innocence and the right to fair hearing. He also relied on Section 163 of the Administration of Criminal Justice Act (ACJA), submitting that the defendant is entitled to bail unless the court decides otherwise.
The defence further contended that the prosecution did not state in its counter-affidavit that the defendant was not entitled to bail.
Responding to claims that Turaki evaded service, Ibrahim told the court that the defendant was out of town at the time attempts were made to serve him. He added that Turaki later appeared personally in court on April 1 and apologised for his absence on the earlier date fixed for his arraignment. He urged the court to admit the defendant to bail on self-recognition, describing him as an elder statesman, former minister of the Federal Republic of Nigeria, and a respected community leader.
However, the prosecution opposed the application, urging the court to exercise its discretion in line with Section 162 of the ACJA. Rabiu argued that the defendant’s antecedents and conduct should be considered and prayed the court to refuse bail and remand him in custody pending the determination of the case.
After listening to both parties, the court granted bail and adjourned the matter until June 11 for the commencement of trial.
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