The state's counsel applied to the court under Section 388 of the Administration of Criminal Justice Law of Kano, requesting a bench warrant against all defendants for their failure to appear in the proceedings.
Former Kano State Governor, Abdullahi Ganduje, who has been named in the Dala Inland Dry Port Limited ownership scandal, received temporary relief as a court declined to order his arrest.
Mr Ganduje and three other defendants face a 10-count charge involving criminal conspiracy, misappropriation of public funds, breach of trust, and conflict of interest.
The Kano State Government charged him alongside his aide, Abubakar Bawuro; his lawyer, Adamu Aliyu-Sanda; and the former Managing Director of the Nigerian Shippers' Council, Hassan Bello.
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On Wednesday, counsel for the state government, Ya'u Adamu, told the State High Court that an arrest warrant was necessary to secure the appearance of Mr Ganduje and the other defendants, as they had failed to appear in person.
The state's counsel applied to the court under Section 388 of the Administration of Criminal Justice Law of Kano, requesting a bench warrant against all defendants for their failure to appear in the proceedings.
However, the State High Court No. 2, sitting at the Audu Bako Secretariat Complex, turned down the request. The presiding judge, Yusuf Ubale, ruled that issuing a bench warrant at this stage would be premature.
Preliminary Objections
Mr Ganduje was represented by A.S. Gadanya, SAN, who, along with other defence counsel, objected to the state's application.
They prayed the court to hear their preliminary objections before proceeding with the arraignment of the defendants.
Specifically, Mr Ganduje filed an objection challenging the service of the court processes. Since this is a jurisdictional issue, it must be determined before a bench warrant can be considered.
Mr Ganduje is seeking to have the court set aside the order for substituted service, arguing that it is invalid, a nullity, and ultra vires (beyond the court's legal power).
The court granted the application to hear the preliminary objections and adjourned the matter to 23 February for a hearing.
The state government accused Mr Ganduje and other defendants of conspiring to fraudulently transfer 80 per cent of the shares of Dala Inland Dry Port, including the state's 20 per cent equity, to private ownership under the fictitious name "City Green Enterprise".
The prosecution also alleged that the defendants diverted over ₦4.49 billion of Kano State funds to execute infrastructure projects, including a double carriageway, electricity, and perimeter fencing at the dry port, for their personal and family benefit.
The defendants also faced charges of abuse of office and conflict of interest, as it was alleged that they leveraged their official roles to redirect public resources for personal benefit, thereby violating financial and constitutional regulations.
Background
PREMIUM TIMES exposed how Mr Ganduje secretly transferred the state government's 20 per cent stake in the facility to private hands, making his children co-owners of the company before awarding a contract worth more than N4 billion to provide infrastructure for the project.
The transfer ended Kano State's shareholding in the project, while Mr Ganduje's children and aide, Abubakar Bawuro, became directors and shareholders.
What Premium Times' investigation exposed
When Dala Inland Dry Port Limited was incorporated on 8 December 2003, its only directors were the founder, Ahmad Rabiu, and his son, Rabiu Ahmad Rabiu.
Two years later, at an extraordinary general meeting on 19 January 2005, the board was expanded with the appointment of four new directors: Abdulaziz Haladu, Anwar Isyaku-Rabiu, Diepreye George, and Abdullahi Kwaru.
Records obtained by this newspaper show that on 5 March 2020, Mr Ganduje's three children and his longtime associate, Abubakar Bawuro, replaced Mr Rabiu's son and all other directors elected in 2005 as board members of the company.
Minutes of the company's Annual General Meeting (AGM), held on 5 March 2020, at its Zaria Road office in Kano, confirmed the appointment of Abdulaziz Abdullahi Umar, Umar Abdullahi Umar, and Muhammad Abdullahi Umar--all children of Mr Ganduje --alongside Mr Bawuro as new directors of Dala Inland Dry Port Limited.
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It was also at the meeting that the state government was removed as a co-owner of the dry port and the Ganduje children were appointed, not just as directors, but also as shareholders with five million shares each.
According to its "ordinary resolution," the meeting was "attended by all the shareholders," and "it was unanimously resolved" that Abdulaziz Abdullah Umar, Umar Abdullahi Umar, and Muhammad Abdullahi Umar --the three children of Mr Ganduje --be allotted five million shares each, each being 20 per cent of the total 25 million shares of the company.
Mr Rabiu and Mr Bawuro were also each allotted 20 per cent, creating a new ownership structure of five equal shareholders, each with 20 per cent of the company's shares.
This structure edged out the Kano State Government from the ownership of the company.
The state government said due process was not followed in the divestment process, accusing Mr Ganduje of using his office to undermine the state.
