The factional National Chairman of the Peoples Democratic Party, Tanimu Turaki, has appealed a bench warrant issued for his arrest by a High Court of the Federal Capital Territory sitting in Maitama, and has filed an application seeking a stay of execution.
The warrant was issued on Thursday by Justice Peter Kekemeke after Turaki failed to appear in court for his arraignment on charges of allegedly providing false information to the police.
In a statement released shortly after the ruling, Turaki’s office confirmed that his legal team had promptly filed an appeal against the bench warrant alongside a request to halt its enforcement.
The appeal notice, signed by his Principal Private Secretary, Ibrahim Abdullahi, attributed Turaki’s absence to a “sudden hospital visitation.”
“Today, the High Court of the Federal Capital Territory sitting in Maitama granted a bench warrant against Kabiru Turaki SAN on a charge of giving false information to the police in a petition he wrote as a private citizen in 2022. The warrant was granted because of his absence in court today when the case was called.
“The said petition was written in 2022, and the case emanating therefrom was charged to court today, and due to his sudden hospital visitation, resulting in his absence from the court.
“Additionally, his lawyers had filed an application seeking to quash the charge, which ordinarily would not require his presence. With the issuance of the bench warrant, his lawyers have immediately filed an appeal and application for the stay of execution against the said order,” the statement read.
Turaki’s office maintained that the matter is unrelated to internal party affairs, although it suggested that “external political influence cannot be completely exorcised.” Party members were urged to remain calm as his legal team addresses the situation.
The charge, filed by the Nigeria Police Force under the leadership of the Inspector-General of Police, stems from a petition Turaki wrote in 2022 as a private citizen.
During the court proceedings, prosecution counsel Usman Rabiu informed the court that the matter was scheduled for the defendant to enter his plea, noting that Turaki was absent despite being duly served with the charge and hearing notice.
He subsequently invoked Section 396(2) of the Administration of Criminal Justice Act (ACJA) 2015, urging the court to issue a bench warrant to compel the defendant’s appearance.
In response, defence counsel Abdulaziz Ibrahim (SAN) argued that a motion had already been filed to quash the charge and requested five days to submit written addresses, insisting that his client’s presence was not required until the motion was determined.
However, the prosecution opposed the argument, maintaining that the validity of the charge could only be challenged after the defendant had entered a plea.
In his ruling, Justice Kekemeke held that the defendant had no justification for failing to appear in court, noting that service of the charge and hearing notice was not disputed.
He further ruled that under Section 396(2) of the ACJA 2015, a bench warrant is appropriate where a defendant who is aware of a pending charge fails to attend court proceedings.
The judge also described the motion to quash the charge as premature, stating that it could only be considered after the defendant’s plea had been taken.
Consequently, the court ordered the issuance of the bench warrant and adjourned the case until April 22 for arraignment.
What you should know
Tanimu Turaki has challenged a court-issued arrest warrant after failing to appear for arraignment over allegations of giving false information to the police.
His legal team argues his absence was due to a medical emergency and has filed both an appeal and a request to suspend the warrant. The court, however, maintained that his presence was required and that legal challenges to the charge must come after a plea.
The case highlights procedural rules in Nigeria’s criminal justice system and ongoing political sensitivities within the PDP.
