March 26, (THEWILL) — A High Court of the Federal Capital Territory (FCT), sitting in Maitama, on Thursday ordered the arrest of factional National Chairman of the Peoples Democratic Party (PDP), Kabiru Tanimu Turaki, after he failed to appear in court for his arraignment on a criminal charge.
The presiding judge, Justice Peter Kekemeke, issued a bench warrant to compel Turaki’s attendance, ruling that the defendant had no justification for his absence despite being duly served with both the charge and a hearing notice.
Turaki, a Senior Advocate of Nigeria (SAN), is facing a one-count charge instituted by the Nigeria Police Force on behalf of the Inspector-General of Police (IGP), accusing him of allegedly providing false information to law enforcement authorities.
At the resumed proceedings, prosecution counsel, Usman Rabiu, told the court that the matter was scheduled for the defendant to take his plea.
He, however, informed the court that Turaki was absent, even though he had been properly notified of the proceedings.
Rabiu then invoked Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015, urging the court to issue a bench warrant to ensure the defendant’s presence for arraignment.
He also opposed the defence’s attempt to halt proceedings through a motion seeking to quash the charge, arguing that such an application could only be entertained after the defendant had entered his plea.
Counsel to the defendant, Abdulaziz Ibrahim (SAN), had urged the court to grant additional time to file written addresses in support of the motion to quash the charge, contending that his client’s physical presence was not necessary until the application was determined.
In his ruling, Justice Kekemeke rejected the defence’s position, holding that the law requires a defendant to be present in court to take a plea before any preliminary objection can be considered.
He noted that the defence did not dispute service of the court processes on the defendant and failed to provide any reason for his absence.
The judge emphasised that under Section 396(2) of the ACJA, where a defendant who is aware of a pending charge refuses to attend court without explanation, the appropriate order is the issuance of a bench warrant to compel his appearance.
The court further held that the motion seeking to quash the charge was premature and not ripe for hearing until after the defendant’s plea had been taken.
Consequently, Justice Kekemeke ordered the arrest of Turaki and adjourned the case to April 22, 2026, for his arraignment.
According to the charge marked CR/647/2026, Turaki is alleged to have, on October 5, 2022, in Abuja, submitted a petition to the Inspector-General of Police containing false information against one Saidi Mohammed Mainasara, with the intent to use the powers of the police to the detriment of the said individual.
The alleged offence is punishable under Section 140 of the Penal Code Law.
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