Justice Peter Kekemieke of the Federal Capital Territory High Court has vacated a bench warrant it issued on March 26 for the arrest of the factional National Chairman of the Peoples Democratic Party (PDP), Kabiru Turaki.
Justice Kekemeke vacated the arrest warrant while ruling on an oral application by counsel for Turaki, Chris Uche SAN, following his appearance in court.
When the case was called, Uche apologised to the court for his absence on the last date.
Uche, who claimed to be out of the country, said he returned earlier on Wednesday and headed straight to the court.
He also apologised on behalf of his client, who he said is a SAN and has the highest regard for the court.
He said Turaki’s absence on the last date was not intentional and deliberate, adding that he never intended to disrespect the court.
Uche said that to show good faith, he would withdraw the motion on notice filed by his client for a stay of execution of the arrest warrant.
He added that Turaki was also ready to take his plea to a charge pending against him.
Responding, counsel for the prosecution, Usman Rabiu, said he was not opposed to Uche’s applications.
Rabiu noted that the essence of the arrest warrant was to compel the defendant to appear in court.
He added that since he had attended court, the purpose of the order for his arrest had been met.
Ruling, Justice Kekemeke noted that though Turaki’s lawyer had apologised for his absence, the reason why he was absent was not clear from what Uche said.
He, however, decided to pardon the defendant and proceeded to vacate the arrest warrant.
Justice Kekemeke said since the case was scheduled for Wednesday for the hearing of the motion on notice filed by the defendant, it was inappropriate to proceed with the defendant’s arraignment.
The judge also struck out a motion on notice filed by Turaki, in which he had sought the stay of execution of the arrest warrant after Uche applied to withdraw it, and Rabiu did not object.
Justice Kekemeke subsequently adjourned to April 22 for Turaki’s arraignment on a one-count charge brought against him by the Inspector General of Police (IGP).
The judge had, on March 26, issued the arrest warrant after Turaki failed to show up for his arraignment on the criminal charge in which he is accused, among others, of giving false information to the police.