From Desmond Mgboh Kano
A Kano State High Court presided by Justice Usman Malam Na’abba has adjourned to May16th to rule on an application to serve the National Chairman of the All Progressives Congress, Abdullahi Umar Ganduje, jis wife, son and five others by substituted means.
The court, Monday, was addressed by Counsel to Kano State Government , Adeola Adedife (SAN) and Counsel to sixth defendant, Nuremi Jimoh (SAN) on the propriety or otherwise of effecting substituted services to the eight defendants in the corruption allegation prefered on them by the Kano State government.
In his submission, Adedife insisted that a criminal charge can be effected by substituted means to the defendants, citing Section 378 Sub Section 5 of the Kano State Administration ofJustice law to back his submission.
The provision, according to the Senior Advocate, provides that an application for leave may be granted by the court to effect a substituted service on a defendant through his lawyer, his surety, an adult in his household or by any other means as the court pleases.
He explained that the provision was an innovation designed to cure the mischief in the previous laws, many of which had been repelled adding that it was intended to overcome the impediments in the criminal Justice system in which one will file a charge but will never be able to serve it.
Opposing his submission however, Nuremi Jimoh ( SAN) affirmed that servicing defendants by substituted means in a criminal matter is unknown to the law in Nigeria.
Service of criminal matters is entirely under the Exclusive list which resides in the National Assembly and therefore cannot be enacted by the state house of assembly, he affirmed.
He argued that his learned colleague had built his submission on Section 378 , sub section 5 of the Kano State Administration of Justice law which is a provision enacted by the Kano State House of Assembly and which is ultra vires to the extent that it conflicts with the provision of the Nigeria Constitution.
He declared that in criminal matters, the law provides that a suspect be invited by the law enforcement agents, who in turn takes his statement, proceeds to release or refuse him bail and subsequently charge and produce him in court
It is the law enforcement agents that would produce the defendant in court, he submitted, adding however that this has not been the case in the present case involving his client. .
Daily Sun observed that the National Chairman of the All Progressives Congress, Abdullahi Umar Ganduje, his wife, son and four other defendants were not present or represented in court during todays sitting.