•Fixes June 27 for arraignment
Justice Yusuf Haliru of the High Court of the Federal Capital Territory (FCT) in Jabi, Abuja has ordered substituted service, of summons in respect of the charge filed against Senate President, Bukola Saraki and three others, on them.
The judge ordered the court’s bailiff to serve the charge and summons on the defendants by pasting in on the notice board of the National Assembly.
Justice Haliru fixed June 27 for the formal arraignment of the defendants, which include Saraki, Deputy Senate President, Ike Ekweremadu, former Clerk of the Senate, Salihu Abubakar Maikasuwa and Deputy Clerk of the Senate, Beneict Efeturi.
Saraki and others are charged with criminal conspiracy and forgery in relation to alleged unlawful altering of the 2011 Senate Standing Order, with which the 2015 election of principal officers of the Senate was conducted.
The order for substituted service was informed by compliant by state’s lawyer, David Kaswe, to the effect that efforts to effect personal service of the charge on the defendants, as required by law, has been unsuccessful.
When the case was called, Kaswe noted that the defendants were absent. He said bailiffs of the court have complained about their difficulty in effecting service on the defendants.
“They attempted to serve them on Friday, it was not possible. They (the defendants) were not in their place of business. Attempt was made, again on Monday and it was not also successful.
“Two affidavits have been deposed to by the bailiffs of this court to the effect that efforts have been made to serve the defendants,” Kaswe said.
Upon an oral application for substituted, made later by Kaswe,who relieed on the provisions of sections 123(a) and 124 of the Administration of Criminal Justice Act (ACJA) 2015, Justice Haliru said service was a constitutional right of a defendant in a criminal case.
He said service is to ensure that such defendants is aware that a charge is pending against him in court, and to which he is required to answer.
The judge said: “Where service is not effected on the accused persons charged with a particular offence, nothing can be done, realising the fact that it is the constitutional right of such an accused person to equally ventilate his grievances.
“Consequently, after hearing learned counsel, Mr. Kaswe, who made an oral application based on provision of Section 123 of the ACJA 2015, which ordinarily would have been made ex-parte, whereby processes would have been filed, and realisiing that no other person would have had the opportunity of saying anything, the application shall be allowed to fly, bearing in mind simplicita, the importance of such application, which is to ensure the named defendants herein in the charge before this court are put on notice appropriately.
“Accordingly, the application is hereby granted. Consequently, the defendants are to be served by affixing the said charge on the notice board of the National Assembly at the National Assembly Complex, Three Arms Zone, Abuja. I find solace for this under section 123 of ACJA, 2015.”
The statement of offence in relation to count one of the charge marked: CR/219/2016 reads: “Criminal conspiracy, contrary to Section 97 of the Penal Code Law.”
The particulars of offence in relation to the count reads: “That you Salihu Abubakar Maikasuwa, Benidict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu on or about the 9th day of June 2015 at the National Assembly Complex, Three Arm Zone, Abuja, within the jurisdiction of this court, conspired among yourselves to forge the Senate Standing Order 2011(as amended) and you thereby committed an offence of conspiracy, punishable under Section 97(1) of the Penal Code Law.”
The statement of offence in relation to count two is “Forgery, contrary to Section 362 of the Penal Code Law.”
The particulars of offence in relation to this count reads: “That you Salihu Abubakar Maikasuwa, Benidict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu on or about the 9th day of June, 2015 at the National Assembly Complex, Three Arm Zone, Abuja, within the jurisdiction of this honourable court, with fraudulent intent, forged the Senate Standing Order 2011 (as amended), causing it to be believed as genuine Standing Order 2015 and circulated same for use during the inauguration of the 8th Senate of the National Assembly of the Federal Republic of Nigeria, when you knew that the said Order was not made in compliance with the procedure for the amendment of Senate Order, you thereby committed an offence punishable under Section 364 of the Penal Code Law.”
