A Kano State High Court has fixed May 16, 2024 for ruling on whether the court will allow service through substitute means to respondents in the case before it between the Kano State government, as the applicant, where former Governor Abdullahi Ganduje and eight others are respondents in the case.
Justice Usman Na’abba, the presiding over the case on Monday, after listening to arguments and counter arguments on whether the respondents could be served using alternative means, fixed the date for his ruling on the applications.
Before the court, the counsel representing respondent number six, Lamash Properties Limited, Nuraini Jimoh (SAN) argued that respondents in a criminal case cannot be served through substitute means.
On his side, the Counsel representing the state government, Adeola Adedigbe (SAN) made reference to a Kano state law 378/5 that allows service in criminal case to be made using substitute means.
In his argument, described the Kano state law as ‘Ultra Vires’ and is inferior to the Nigerian Constitution that restricts such action. He explained that the Nigeria law says that service of criminal charge is on the exclusive legislative list.
“Hence, the Kano state Assembly law that allows service of criminal surmons by substitute means is Ultra Vires” he stated.
He further argued that there is no charge before the court against the respondents as the application before it reads, “Application to prepare a charge”.
He described the legal process as having to include the police who will make an arrest, get a statement, the First Information Report, keep the suspect in detention or release him on bail, depending on whether the criminal case involves manslaughter, rape or murder and then arraign arraign him before a court of law.
He added that the attempt to make the court allow service by substitute means, when no effort has been made to reach the respondents, makes the service taken transfer it’s responsibility to the court. He added that it is a violation of the Sec 36 of the constitution.
Following the heated argument between the two legal lumenaries representing the two sides, the judge fixed 16th May, 2024 for ruling on the matter.
