May 16th, 2024, has been fixed by a Kano High Court to rule on means of service in the case of an alleged corruption case involving the National Chairman of the All Progressive Congress (APC), Abdullahi Umar Ganduje, and seven others.
According to a report by Vanguard, the prosecution counsel, Adeola Adedipe SAN, said at the resumed hearing on Monday, that a criminal charge can be effected by substituted means.
“Section 378 sub-section 5 of the Kano State ACJL provides that the application for leave may be brought before the Court on the effect of substituted service.
READ: Court Stops Kano APC Ward Executives From Sacking Ganduje
“Service on the defendant may be through his legal practitioner, surety, and adult in his house.”
However, counsel to the sixth respondent, Nureini Jimoh SAN, in his own submission, objected to the attempt by the prosecution to serve the defendant through substituted means, which cannot hold water as such and should be discounted.
He argued that the process of inviting the suspects to court had not been followed.
“There is no way they have been invited. You cannot come and pour your problem on the Court.
“The court cannot rely on section 378 in bringing the suspects to Court. I represent Lamash Properties limited, I am not a natural person where I can be served through substituted means. I am a company.”
He prayed to the court to serve him in accordance with the law as any application by exparte should be rejected because it is contrary to law.
In his counter-reaction, the prosecution counsel said the argument of the defense counsel is premature and preemptive.
The Court, however, fixed May 16th for ruling on means of service.
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