The Federal High Court, sitting in Birnin-Kebbi, has order the immediate past Governor of Kebbi State, Alhaji Saadu Nasamu Dakingari, to appear before it or risk being issued bench warrant for continuous refusal to subject himself to the court.
Justice Amobeda Simone, who ruled on the matter on Monday after the fourth defendants failed to appear before it despite been served substantive service on his household last Friday, threatened that, if he failed to appear on the next adjourned date, section 394 of ACJN will be invoked on the former governor even without EFCC application on the matter.
It would be recalled that the Economic and Financial Crimes Commission (EFCC) had served the former governor through one of his household, Mohammed Danladi, on June 20th, 2018, at his GRA residence a court notice after evading series of services.
The Federal High Court, presided over by Justice Amobeda Simone had issued court order granting the complainant leave to serve Dakingari alongside the 2nd and 3rd defendants at his last known residence.
Dakingari was supposed to be arraigned on June 20th, 2018 before the Federal High Court Kebbi alongside three others, Sunday Dogonyaro, Abdullahi Yelwa and Garba Rabiu Kamba for allegedly receiving cash sum of N700 million from the former Minister of Petroleum Resources, Diezani Allison Madueke.
The arraignment was however stalled because the 1st, 2nd and 3rd defendants evaded service and refused to honour invitation by the commission.
Consequently, the prosecution was only able to produce the fourth defendant, Garba Rabiu Kamba before the court.
The lead prosecutor, Johnson Ojogbane applied for an order of court pursuant to section 382(5) of ACJA to grant the prosecution leave to serve the defendants through their counsels, sureties, and an adult member of their household or on their last known addresses.
Earlier at the court on Monday, defendant counsel, Ibrahim Mohammed, had filed application before the court to dismiss the case because the prosecution failed to give his client seven days ultimatum required by the court to allow his client respond to all the allegations.
He also urged the court to dismiss the entire case because the court lacked the jurisdiction to entertain the case.
But the EFCC counsel, Johnson Ojogbane argued that the court should invoke section 394 of ACJN which says bench warrant should be issued on a defendant that refused to subject himself to the court, stressing that the former governor ought to be in court to take his plea before asking for assistance.
Counsel to the former governor however pleaded for mercy urging the court to allow his client to report himself on the next adjourned date.
While the EFCC counsel did not object the pleading, Justice Simone however ordered the former governor to report himself on the next adjourned date of July 2, 2018.