A High Court of the Federal Capital Territory (FCT) sitting in Maitama has fixed June 18 for the commencement of trial in the criminal case against the factional Chairman of the Peoples Democratic Party (PDP), Kabiru Turaki.
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Justice Peter Kekemeke chose the date on Thursday after rejecting the request by Turaki’s lawyer, Abdulaziz Ibrahim (SAN) that he should first deliver ruling on an application by the defendant, challenging the competence of the charge brought against him by the Inspector General of Police (IGP).
Turaki is, in the one-count charge, accused of, among others, giving false information to the IGP through a petition he wrote on his letter head, dated October 5, 2022 against one Saidu Mohammed Mainasara, with intent to use the lawful power of IGP to the injury or annoyance of the said Mainasara.
The prosecution said the alleged offence is punishable under Section 140 of the Penal Code Law.
When the case was called on Thursday, Ibrahim informed the court about the application by the defendant, praying for the quashing of the charge, marked: CR/647/2025 on the grounds that it disclosed no prima facie case against Turaki and the it constituted an abuse of the process of the court.
With the permission of the court, Ibrahim proceeded to move the application and urged the court to quash the charge against his client.
Responding, the prosecuting lawyer, Usman Rabiu moved the prosecution’s counter affidavit and urged the court to dismiss the defendant’s application and allow the prosecution to present evidence in support of its case.
Ibrahim subsequently urged the court to deliver its ruling promptly to prevent a situation where the defendant would be subjected to a needless trial and unnecessary emotional and physical stress.
Rabiu objected and cited Section 396(2) of the Administration of Criminal Justice Act (ACJA), which mandates the court to reserve such a ruling until the time of the final judgment.
He argued that the provision of the ACJA is mandatory and did not give the court a discretionary power on the issue.
Rabiu urged the court to give effect to the provision of the ACJA by reserving its ruling until the time of the final judgment and allow the prosecution to proceed with its case.
Ruling, Justice Kekemeke agreed with Rabiu that the provision of Section 396(2) of ACJA was mandatory and must be complied with.
The judge held that the defendant will not suffer any injustice if he was subjected to trial.
With the agreement of lawyers to parties, Justice Kekemeke adjourned till June 18 for the commencement of trial, during which the prosecution is to call its sole witness.
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