Kano State High Court, presided over by Justice Usman Na’abba, on Wednesday, adjourned till 29th April 2024 for hearing on whether respondents in the case between the Kano State Government and former governor Abdullahi Ganduje alongside five others can be served by substituted means.
Ganduje was expected to be arraigned alongside his wife, Hafsat Ganduje, his son, Umar Abdullahi Umar, and five others on eight count charges bordering on a $413,000 bribery allegation, diversion and misappropriation of funds to the tune of N1.38bn, amongst others.
However other respondents in the suit are Abdullahi Umar Ganduje, Hafsat Umar, Abubakar Bawuro, Umar Abdullahi Umar, Jibrilla Muhammad, Lamash Properties Ltd, Safari Textiles Ltd, and Lesage General Enterprises.
On Wednesday, the Prosecuting Counsel Ya’u Adamu sorted the court to allow respondents to be served through substituted means.
He argued that they have the legal backing to serve the respondents through substituted expertise according to their submission.
The counsels told the court that they made efforts to serve the respondents’ notice on motion but could not reach them.
Adamu however attempted to move an exparte motion application seeking to serve the respondents through substituted means but Counsel to the 6th respondent, Bar. Nureini Jimoh SAN objected.
When the matter came up before Justice Usman Malam Na’abba, only the 6th respondent through his counsel, Nureini Jimoh SAN was present in court while the 1st, 2nd, 3rd, 4th, 5th, 7th, and 8th respondents were absent in court.
Jimoh told the prosecution to do their homework noting that there is no provision for service on criminal charges by exparte motion vowing to challenge such a move at the Court of Appeal.
However, the counsel to the sixth respondent was served the notice and not his client. Hence, they seek to serve them by substitute means.
However, the counsel of the sixth respondent, (Lamash Properties), Nuraini Jimoh argued that the law insists that in a criminal case, the respondent involved must be served personally.
He further said that even his client has not been served personally, thereby arguing that all the respondents need to be served personally as the case is not a civil case but a criminal case.
As a result of this, Justice Na’abba adjourned the case to the 29th of April for hearing.
It be recalled that the Kano State Government had sued the immediate past Governor of the state, Abdullahi Ganduje before the state High Court on cases bordering on corruption.