A Kano State High Court has fixed May 16, 2024 for ruling on whether the court will allow service through substitute means to respondents in the case before it between the Kano State government, as the applicant, where former Governor Abdullahi Ganduje and eight others are respondents.
The presiding judge, Justice Usman Na’abba gave the date for the ruling on Monday after listening to arguments and counter arguments on the application.
Counsel representing the 6th respondent, Lamash Properties Limited, Nuraini Jimoh (SAN) argued that respondents in a criminal case cannot be served through substitute means.
On his part, the Counsel to the state government, Adeola Adedigbe (SAN) however insisted that service through substitute means in criminal case is allowed, citing a Kano State Law 378/5.
Jimoh disagreed with Adedigbe’s stance describing the Kano State law allowing such service as ‘Ultra Vires’ and inferior to the Nigerian Constitution that restricts such action.
He explained that the law on service of criminal charge is on the exclusive legislative list.
“Hence, the Kano state Assembly law that allows service of criminal summons by substitute means is ‘Ultra Vires,” he stated.
He further argued that there is no charge before the court against the respondents as the application before it reads, “Application to prepare a charge”.
The respondent’s counsel added that the attempt to make the court allow service by substitute means, when no effort has been made to reach the respondents makes the government’s counsel to transfer its responsibility to the court, saying it is a violation of the Section 36 of the Nigerian Constitution.
After listening to the two legal luminaries representing the two sides, the judge fixed 16th May, 2024 for ruling on the matter.
