Scheduled for May 16, 2024, a ruling is awaited from a Kano High Court regarding the contentious issue of serving criminal charges to former Governor Abdullahi Umar Ganduje, his wife Hafsat Ganduje, and six others through alternative methods.
Barrister Adeola Adedegbe, the prosecutor in the case, is seeking the court’s permission to deliver the charges through substitute means to the accused parties. Justice Usman Na’abba, the presiding judge, carefully considered the arguments presented by both the defendants and the prosecution during the court session on Monday regarding the possibility of serving the respondents through alternate methods.
One of the counsels present requested an expedited ruling, which Justice Na’abba declined, opting to thoroughly review the matter before making a decision.
Lamash Properties Limited’s legal representative, Barrister Nuraini Jimoh SAN, contended that serving respondents in a criminal case through substitute means may not be permissible, citing the potential conflict with the Federal Constitution overruling the Kano state law’s provision for such actions.
He argued that the Nigerian Constitution, which places the service of criminal charges under the exclusive legislative list, supersedes any state law allowing alternative service methods.
Referring to the current status of the case as an “Application to prepare a charge,” Jimoh emphasized that no formal charges have been brought against the respondents yet. He criticized the move to employ substitute service without prior attempts to contact the accused, labelling it as an inappropriate shifting of responsibility onto the court, thus violating Section 36 of the Constitution.
On the other side, Adeola Adedigbe, representing the state government, pointed to Kano State Law 378/5, which legally sanctions the use of alternative service methods in criminal cases.
Justice Usman Na’Abba, while acknowledging the complexity of the arguments presented before him, decided to postpone the ruling to May 16, 2024, in order to give due consideration to all viewpoints.