Turaki Appeals Bench Warrant, Seeks Stay of Execution

The factional National Chairman of the Peoples Democratic Party (PDP), Tanimu Turaki, has filed an appeal and sought a stay of execution following a bench warrant issued for his arrest by a High Court of the Federal Capital Territory (FCT), Maitama, over his failure to appear for arraignment on allegations of providing false information to the police.

Bench Warrant Issued Over Court Absence

A High Court of the Federal Capital Territory sitting in Maitama, presided over by Justice Peter Kekemeke, on Thursday issued a bench warrant for the arrest of Tanimu Turaki after he failed to appear in court for his scheduled arraignment. The charge against him stems from a petition he reportedly submitted in 2022 as a private citizen, which the authorities allege contained false information.

During the proceedings, prosecution counsel, Usman Rabiu, informed the court that the case had been slated for the defendant to enter his plea. He noted that Turaki had been duly served with both the charge and a hearing notice but was absent when the matter was called. Consequently, Rabiu invoked Section 396(2) of the Administration of Criminal Justice Act (ACJA), 2015, urging the court to compel Turaki’s attendance through a bench warrant.

In response, defence counsel, Abdulaziz Ibrahim, SAN, argued that a motion seeking to quash the charge had already been filed and requested additional time to submit written arguments. He maintained that his client’s physical presence in court was not necessary pending the determination of that motion.

Court Rejects Defence Argument, Orders Arrest

Justice Kekemeke, in his ruling, held that the defendant’s absence was unjustified, noting that the defence did not dispute that Turaki had been properly served. The court emphasised that once a defendant is aware of a pending charge, failure to appear warrants the issuance of a bench warrant under the provisions of the ACJA.

The judge further ruled that the defence’s application to quash the charge was premature. According to the court, such a motion can only be considered after the defendant has taken his plea. This position aligned with the prosecution’s argument that procedural requirements must first be satisfied before challenging the validity of a charge.

Following this reasoning, the court granted the prosecution’s request and issued a bench warrant for Turaki’s arrest. The matter was subsequently adjourned until April 22 for arraignment, when the defendant is expected to appear before the court.

Turaki Files Appeal, Cites Medical Emergency

Shortly after the ruling, Turaki’s office released a statement confirming that his legal team had filed an appeal against the bench warrant alongside an application for a stay of execution. The statement, signed by his Principal Private Secretary, Ibrahim Abdullahi, attributed Turaki’s absence in court to a sudden hospital visit.

According to the statement, the petition that led to the charge was written in 2022, and the case was only brought before the court recently. It further explained that Turaki’s legal team had already initiated proceedings to challenge the validity of the charge, which they argued did not necessitate his immediate presence in court.

While describing the matter as unrelated to internal affairs of the PDP, the statement suggested that external political influences could not be entirely ruled out. It, however, called on party members and supporters to remain calm, assuring them that the situation was being handled through appropriate legal channels.

The legal proceedings involving Tanimu Turaki underscore ongoing procedural debates within Nigeria’s criminal justice system, particularly regarding the sequence of arraignment and preliminary objections. As the appeal and stay of execution application await determination, attention will remain on the court’s next sitting and the defendant’s compliance with judicial directives.