Court Declines Arrest Bid Against Ganduje In Dala Dry Port Case

Court Declines Arrest Bid Against Ganduje In Dala Dry Port Case
Judge rules bench warrant request premature
Hearing on jurisdiction fixed for February 23

A Kano State High Court on Wednesday declined an application seeking the arrest of former Kano State Governor, Abdullahi Ganduje, who is standing trial over alleged irregularities in the ownership structure of Dala Inland Dry Port Limited.

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EKO HOT BLOG reports that Ganduje, alongside three other defendants, is facing a 10 count charge bordering on criminal conspiracy, misappropriation of public funds, breach of trust, abuse of office and conflict of interest.

The Kano State Government filed the charges against Ganduje, his former aide Abubakar Bawuro, his lawyer Adamu Aliyu Sanda, and the former Managing Director of the Nigerian Shippers’ Council, Hassan Bello.

At the resumed hearing, counsel to the state government, Ya’u Adamu, urged the court to issue a bench warrant against the defendants, citing their failure to appear personally before the court. He relied on Section 388 of the Administration of Criminal Justice Law of Kano State, arguing that an arrest order was necessary to compel their attendance.

However, the presiding judge, Justice Yusuf Ubale of State High Court No 2 sitting at the Audu Bako Secretariat Complex, ruled that issuing a bench warrant at this stage would be premature.

Ganduje was represented by A S Gadanya, SAN, who, alongside other defence counsel, opposed the application. The defence team urged the court to first hear and determine their preliminary objections before considering any arraignment or arrest order.

Ganduje specifically challenged the service of court processes, describing it as defective and unlawful. He asked the court to set aside the order for substituted service, arguing that it was invalid, a nullity and ultra vires, as issues relating to service are jurisdictional and must be resolved before substantive proceedings.

Justice Ubale upheld the defence position and adjourned the matter to February 23 for the hearing of the preliminary objections.

According to the prosecution, the defendants allegedly conspired to fraudulently transfer 80 per cent ownership of Dala Inland Dry Port, including the Kano State Government’s 20 per cent equity, to private individuals using a fictitious company name, City Green Enterprise.

The state further alleged that over ₦4.49 billion in public funds was diverted to execute infrastructure projects at the dry port, including a double carriageway, electricity supply and perimeter fencing, for personal and family benefit.

The case will resume on February 23, when the court is expected to determine whether it has jurisdiction to proceed with the trial.