Alleged $1.3m fraud: Again absence of business mogul hinders new arraignment
Garba-Waru said his client was not in court because he was not physically fit to stand trial.
The absence of a business mogul, Abdulsalam Abdulkarim-Zaura, in court on Monday stalled his arrest for an alleged 1.30 million dollars in fraud.
The Economic and Financial Crimes Commission (EFCC) filed a criminal conspiracy and obtaining money by false pretence to the tune of 1.3 million dollars against Abdulkarim-Zaura.
The Prosecution Counsel, Mrs. Aisha Habib, told the court that Abdulkarim-Zaura was no where to be found for arraignment.
"This is a criminal case and the suspect must be in court to answer his plea, even if he is challenging the jurisdiction of the court for arraignment."
He has to be in court before he can file an application challenging the jurisdiction of the court to arraign him, "Habib said."
Counsel to Abdulkarim-Zaura, Mr. Ibrahim Garba-Waru, told the court; "At this critical stage of the proceedings, the presence of my client is not mandatory."
"Section 266(b) of Administration of Criminal Justice Law(ACJL) 2015 says in a criminal trial the presence of the defendant is necessary but where there is an exception of interlocutory application challenging the jurisdiction of the court to arraign him can not take place".
Garba-Waru said his client was not in court because he was not physically fit to stand trial.
"My client, on October 14, filed an application challenging the jurisdiction of the court to arraign him and, in as much as the trial didn't start, his appearance in court is not necessary," he said.
In a criminal case, Justice Muhammad Nasir-Yunusa said a defendant must be in court.
"This is a criminal case." Where is the defendant? "
The judge ordered both parties to file written addresses on why or not the defendant should appear before the court and adjourned the matter until Nov.10.
The Supreme reports that on June 9, 2020, Abdulkarim-Zaura was discharged and acquitted by a Federal High Court over a nine-count charge of 1.3 million dollars in fraud.
Supreme also report that the Kano Court of Appeal division on April, 2022 ordered a fresh trial of the case earlier dismissed by a lower court.