Kano govt arraigns Ganduje, wife, others in absentia

The Kano State Government, on Thursday, arraigned immediate-past governor Abdullahi Ganduje, his wife, Hafsat, son, Umar and six others for alleged $413,000 and N1.38bn bribery.

The defendants, who were absent from court, were arraigned in absentia.

The Governor Abba Yusuf-led government had since April filed the charges against Ganduje and others but efforts to serve them the charges had proved abortive.

At the previous hearing on June 5, the prosecution obtained an order to serve the charges on them by substituted means, through newspaper publication.

Justice Amina Aliyu had then adjourned till Thursday, July 11 for their arraignment.

At the resumed proceedings on Thursday, Ganduje, who is now the National Chairman of the ruling All Progressives Congress, and his co-defendants were again absent.

Angered by the development, the prosecuting counsel for the Kano State government, Adeola Adedayo (SAN), urged Justice Aliyu to issue a bench warrant for their arrest.

The judge, however, declined the prayer, noting that the political situation in the state was already charged and being exploited by some to cause mayhem.

Justice Aliyu, however, granted the prayer to arraign the defendants in absentia.

The court entered a plea of not guilty on behalf of the defendants in response to the eight counts filed against them.

Meanwhile, counsel for the 6th defendant, Nureini Jimoh (SAN), who had been the only one appearing in court, reminded the judge of his preliminary objection challenging the jurisdiction of the Kano State High Court to entertain the case.

Jimoh had also opposed the subtituted service of the charges on the defendants.

He cited relevant sections of the Kano State Administration of Criminal Justice Law that allowed his application to be heard and that he had also notified the court, though orally, that they had filed an appeal on the substituted service order earlier granted by the court on June 5, 2024.

The judge, after hearing both counsel, adjourned the matter till July 23 and 24 for hearing of preliminary objections and the substantive charges in the case.

In the charges, the prosecution alleged that “ Abdullahi Umar Ganduje, sometime between the period of January 10, 2016 or thereabouts, at Kano in the Kano Judicial Division, while serving as the Governor of Kano State and being a public servant in the government of Kano State corruptly asked for and received the sum of $200,000  being benefit for yourself from one of the beneficiaries of contracts awarded by the Kano State Government on your instruction and approval as part of your function as the Governor of Kano State.”

The state said Ganduje contrary to Section 22 of the Kano State Public Complaints and Anti-corruption Commission Law 2008 (as amended), Law No 2 of 2009, Laws of Kano State of Nigeria.

In another count, the state government said, Ganduje, on February 10, 2017 “dishonestly and/or corruptly to your own advantage collected a kick-back of the sum of $ 213,000  being money generated from people and entities seeking or holding the execution of Kano State Government contact and or project for the remodeling of Kantin Kwari textile market as a bribe through one of the contractors (agent).”

In another count, the state alleged that Ganduje, between September 2020 and March 2021, “together with one Hafsat Umar (your spouse) and Abubakar Bawuro, a businessman, Safari Textile Ltd, a limited liability company, wholly owned and maintained by the 3rd defendant, agreed to do an illegal act to wit: dishonestly converted to your own use the sum of N1,376,000,000 through account No. 7085982019 belonging to the 3rd defendant being money earmarked and approved for the purchase and supply of face masks and other hospital equipment for the health sector, thereby causing wrongful loss to the people and the government of Kano State and thereby jointly committed the offence of criminal conspiracy contrary to Section 96 and punishable under section 97 of The penal code (as amended) CAP,105, Vol.2. The Laws of Kano State of Nigeria, 1991.”

The Kano State’s Attorney General, Muhuyi  Magaji, said he was empowered by Section 211 of the 1999 Constitution and Sections 121(1), 126(b) and 377 of the Administration of Criminal Justice Law, 2019, “to apply to prefer the charge attached herewith against the defendants.”