Newspointer April 29, 2024
By Salihu Ali, Kano
The Kano state High Court in North West Nigeria has set aside May 16 to rule on whether the All Progressives Congress APC National Chairman Abdullahi Ganduje, his wife Hafsat, son Umar Abdullahi and others be served through substituted means.
Ganduje and other defendants are facing allegations of bribery, diversion and misappropriation of public funds.
Justice Usman Mallam Na’Abba the fix the date after taking arguments from prosecution counsel and that of Kano State government.
At the resumed hearing on Monday, the Prosecution counsel, Adeola Adedipe said a criminal charge can be effected by substituted means.
“Section 378 sub section 5 of the Kano State ACJL provides that the application for leave may be brought before the Court on the effect of substituted service.
“Service on the defendant may be through his legal practitioner, surety and adult in his house.”
However, in his own submission, counsel to the sixth respondent, Nureini Jimoh objected that attempt by the prosecution to serve the defendant through substituted means cannot hold water as such should be discountenance.
He argued that, the process of inviting the suspects to Court has not been followed.
“There is no way they have been invited. You cannot come and pour your problem on the Court.
“The court cannot rely on section 378 in bringing the suspects to Court. I represent Lamash Properties limited, I am not a natural person where I can be served through substituted means. I am a company.”
He prayed to the court to serve him in accordance with the law as any application by exparte should be rejected because it is contrary to law.
He urged the Court to decline substituted service.
In his crown counter reaction, the prosecution counsel said the argument of the defense counsel is premature and premiptive.
The Court however fixed May 16 for ruling on means of service.