Court Issues Bench Warrant For PDP Factional Chairman’s Arrest

A High Court of the Federal Capital Territory (FCT) sitting in Maitama has issued a bench warrant for the arrest of Senator Kabiru Tanimu Turaki (SAN), the factional National Chairman of the Peoples Democratic Party (PDP).

Justice Peter Kekemeke gave the order on Thursday after Turaki failed to appear in court to be arraigned on a one-count criminal charge filed by the Inspector General of Police (IGP). Turaki is accused, among other allegations, of giving false information to the police.

When the case was called on Thursday, all other parties were present except the 2nd respondent and Turaki, who had been duly served with the charge and a hearing notice by the court.

Lawyer to the prosecution, Usman Rabiu, informed the court that the business of the day was for Turaki to enter his plea. He urged the court to invoke Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015, requesting the issuance of a bench warrant to compel Turaki’s attendance.

Rabiu also criticized a reference by Turaki’s lawyer, Abdulaziz Ibrahim (SAN), to a motion filed seeking to quash the charge. He argued that the validity of the charge could only be challenged after the defendant had entered a plea.

Ibrahim, however, contended that the court should allow him five more days to file written addresses to argue that Turaki’s presence was not required until the motion was determined.

Justice Kekemeke held that despite being aware of the day’s proceedings and having been served with a hearing notice, it was improper for Turaki to absent himself from court without providing any reason. The judge noted that the defence did not deny service of the notice but failed to give justification for Turaki’s absence.

The court ruled that, by the provisions of Section 396(2) ACJA 2015, a defendant who is aware that a charge is pending against him but chooses to stay away must be compelled through a bench warrant to attend court and answer the charge.

Justice Kekemeke further clarified that the motion to quash the charge was not yet ripe for hearing. According to the judge, such a motion can only be entertained after the defendant has entered his plea.

Consequently, the court issued a bench warrant for the immediate arrest of Turaki to ensure his appearance before the court. The matter was adjourned to April 22 for his arraignment.

The one-count charge, marked CR/647/2026, reads as follows:

“That you, Kabiru Tanimu Turaki (SAN), male, of No: 37 T.Y. Danjuma Street, Asokoro, Abuja, on or about 5th October, 2022, within the jurisdiction of this honourable court, gave false information to the Inspector-General of Police via petition dated 5th October, 2022, signed by you on your letterhead against one Saidi Mohammed Mainasara with intent to use the lawful powers of the Inspector-General of Police to the injury or annoyance of the said Mohammed Mainasara, and thereby committed an offence punishable under Section 140 of the Penal Code Law.”

The prosecution, through Rabiu, maintained that Turaki’s absence and failure to answer to the charge disrupted the court proceedings. The bench warrant is aimed at ensuring the proper administration of justice and compelling the defendant’s attendance.

Lawyers representing other respondents, including the IGP, did not oppose the issuance of the bench warrant. Justice Kekemeke emphasized that the court retains the authority to enforce compliance with its processes and that no defendant can disregard court orders without consequence.

The court’s decision ensures that the defendant appears to answer the pending charge.