Alleged false information: PDP factional chairman Kabiru Turaki arraigned, gets N100m bail
Factional National Chairman of the Peoples Democratic Party (PDP), Senator Tanimu Turaki was on Wednesday arraigned before a High Court of the Federal Capital Territory (FCT) sitting in Maitama. Turaki
Factional National Chairman of the Peoples Democratic Party (PDP), Senator Tanimu Turaki was on Wednesday arraigned before a High Court of the Federal Capital Territory (FCT) sitting in Maitama.
Turaki was arraigned on a one count charge brought against him by the Inspector General of Police (IGP) in which he is accused of, among others, giving false information to the police.
He was accused of giving false information to the IGP through a petition on his letter head, dated October 5, 2022, which he signed against one Saidi Mohammed Mainasara with intent to use the lawful power of IGP to the injury or annoyance of the said Mainasara.
The prosecution said the alleged offence is punishable under Section 140 of the Penal Code Law.
Turaki pleaded not guilty when the charge was read to him, following which the prosecuting, Usman Rabiu sought a date for the commencement nod trial.
Defence lawyer, Abdulaziz Ibrahim (SAN) informed the court about the motion for bail he filed for his client pending hearing and determination of the case.
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Ibrahim told the court that it was brought pursuant to Section 36(5) and (6)(b) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
He said in accordance with the provision of Section 163 of the Administration of Criminal Justice Act (ACJA), the defendant was entitled to bail as of right, unless the court held otherwise.
Ibrahim argued that the prosecution did not say, in its counter affidavit, that the defendant is not entitled to bail.
He added that contrary to the prosecution's submission that Turaki evaded service, he did not evade any service, but was out of town when the prosecution sought to serve him with the charge.
Ibrahim stated that to prove that he was not evading arraignment, the defendant appeared in court personally on April 1 and apologized for not being in court on March 26 when he was supposed to be arraigned.
He urged the court to grant bail to the defendant on self-recognisance on the grounds that he is an elder statesman, a former minister and a respected community leader with various chieftaincy titles.
He added that Turaki is a legal practitioner of over 40 years practice, 20 out of which he has been a Senior Advocate of Nigeria (SAN) and the authentic leader of PDP.
Responding, Rabiu said, although the decision to grant or refuse bail was at the discretion of the court, the court should consider the provision of Section 162 of ACJA in exercising its discretion.
Rabiu urged the court to refuse Turaki's bail application and remand him in a custodial facility pending the hearing and determination of the case.
He noted that the defendant's antecedent and action were before the court.
Ruling, Justice Peter Kekemeke held that bail is not only granted at the discretion of the court, but is a fundamental right issue.
Justice Kekemeke noted that although a bench warrant was earlier issued by the court against the defendant, he (Turaki) later appeared in court before the warrant was executed, which made the court to eventually vacate the order.
The judge held that the prosecution did not place sufficient reasons before the court for it to deny bail to the defendant bail.
Justice Kekemeke proceeded to grant Turaki bail at N100million with one surety in like sum.
The judge said the surety must be a Senior Advocate of Nigeria of not less than 20 years or a lawyer of over 40 years of practice.
He adjourned to June 11 for the commencement of trial.
