An Abuja Magistrate Court sitting in Wise Zone 6, has issued a warrant of arrest on a development company, Dyson Development Limited, its director and two others over alleged unlawful demolition of two office buildings worth about N900 million.
Magistrate Emmanuel Uyenna issued the arrest warrant yesterday following the absence of the defendants in court without reasons.
The two other defendants affected by the bench warrant are Mr. L. Z. Gaza and Architect A. Z. Gaza.
Other defendants listed in the criminal summons marked CR/164/2022 and brought by Chief Edwin Chigbo and Edeemark International Agency Ltd are; Abuja Municipal Area Council (AMAC); Chairman AMAC; M.N. Ataj Construction Ltd; Hajiya Amina Abdulkadir; Rabiu Saidi; Bahijja Ibrahim Garba and Tijani Amina Abdulkadir.
The criminal summons was brought by counsel to the complainant, Chijoke Kanu under section 117 of the Administration of Criminal Justice Act (ACJA), 2015.
Although the matter was scheduled for the arraignment of the defendants, counsel to the 3rd to 7th defendants, R. Okotieboh filed a notice of preliminary objection challenging the competency of the court to try the defendants.
Okotieboh equally informed the court that she was appearing under protest for the 4th to 7th defendants, because the criminal summons was not directly served on them as required by law.
Meanwhile, Mr Ayuba Jibril informed the court that he was holding the brief of Adesun Kolade for the 1st and 2nd defendants (AMAC and AMAC Chairman), respectively.
He told the court that a copy of the notice of preliminary objection has just been served on them and he needed an adjournment to respond to it.
Although counsel to the complainant had urged the court to proceed with the business of the day, which was for the arrangement of the defendants, the magistrate drew his attention to the notice of preliminary objection, which he said must be decided first.
“They are challenging the competent of the court to entertain the trial. It is therefore mandatory for the court to take the preliminary objection first,” the magistrate ruled.
Before the matter was adjourned to May 13, the court ordered that “an arrest warrant be issued against the 8th to the 11th defendants whose absence in court was not excused.”
The criminal summons reads: “That you Abuja Municipal Area Council (AMAC); Chairman AMAC; M.N. Ataj Construction Ltd; Hajiya Amina Abdulkadir; Rabiu Saidi; Bahijja Ibrahim Garba; Tijani Amina Abdulkadir: Dyson Development Ltd and Director Dyson Development Ltd on or about July 25, 2022, at about 4.30 am in Abuja within the jurisdiction of this court, criminally conspired amongst yourselves and unlawfully demolished the two value office building known as plot Nos DVO 9A and DVO 11, located within Utako motor park, Tunde Idiagbon way, Cadastral zone, BO5 Utako district, Abuja, with a combined worth of N900m, equipment and goods in the buildings worth the sun of N1.5bn and loss of earnings of N2.1bn from July 25, 2022, the date of demolition till date.
“You thereby committed an offence under section 96(1) of the Penal Code Law and punishable under section 97 (2) of the Penal Code Law.”
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