By ABDULLAHI RABIU, Kano
THE Economic and Financial Crimes Commission (EFCC) on Monday told a Kano Federal High Court that a Kano Central Senatorial Candidate of All Progressive Congress(APC) Abdulsalam Abdulkarim-Zaura, who is standing trial for alleged $1.30 million fraud refused to appear before the Court to defend the charges round his neck.
The EFCC filed a charge of criminal conspiracy and obtaining money by false pretence to the tune of $1.3 million against the defendant.
When the Case came up for arraignment,
the Prosecution Counsel, Mrs Aisha Habib, told the court that the defendant is no where to be found for arraignment.
“This is a Criminal Case and the defendant must be in Court to answer his plea even if he is challenging the jurisdiction of the Court to arraign him.
“This is a total disrespect, the defendant have to be in court before he can file an application challenging the jurisdiction of the court to arraign him” Habib said.
Counsel to the defendant, Barr. Ibrahim Garba-Waru, informed the Court that at this critical stage of the proceedings the presence of the defendant is not mandatory.
“Section 266(b) of Administration of Criminal Justice Law(ACJL) 2015 says in a criminal trial the presence of the defendant is necessary but where there is an exception of interlocutory application challenging the jurisdiction of the Court to arraign him can not take place.
Garba-Waru said the defendant is not in Court because he is not physically fit to stand trial.
“The defendant on Oct.14, filed an application challenging the jurisdiction of the Court to arraign him and in as much the trial didn’t start his appearance in Court is not necessary”
The presiding judge, Justice Muhammad Nasir-Yunusa, said in a criminal case the defendant must be in court.
“This is a criminal case Where is the defendant”
Nasir-Yunusa ordered both parties to file a written addresses on why or not the defendant to appear before the court and adjourned the matter until Nov.10.
It could be recall that on June 9, 2020 the defendant was discharged and acquitted by a Federal High Court over a nine-count charge of $1.3 million fraud.
It also recalls that Kano Court of Appeal division on April, 2022 ordered a fresh retrial of the case earlier dismissed and acquitted by a Kano Federal High Court which ruled in favor of the defendant.
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