Court Wants APC Senatorial Candidate's Arraignment Over Alleged $1.3m Fraud

A Federal High Court sitting in Kano has demanded that the All Progressive Congress senatorial candidate in the state, Alhaji Abdusalam Abdulkarim Zaura, famously known as AA Zaura, must present himself to the court over alleged $1.3 million fraud charges against him.

Justice Muhammad Nasir Yunusa, in his ruling on Thursday, insisted that the position of the constitution and the law is that AA Zaura, accused of allegedly defrauding a non-Nigerian to the tune of $1.3 million must be arraigned before any other matter is heard.

On his part, the Counsel to AA Zaura, Barrister Ibrahim Waru, told the court that it lacks jurisdiction to hear the case because his client had appealed the retrial judgement of a Federal Court of Appeal also sitting in Kano at the Supreme Court.

Meanwhile, the judge said that his court is bound to hear the case because they have not received any appeal notification and as such, AA Zaura must be produced in the court.

Going by the position of the Court, the Counsel to EFCC, Barrister AI Aroghn said the commission would make sure it brings Zaura before the court, including possibly arresting him if he declines to be in the court.

Justice Yunusa thereby adjourned the case for the arraignment of AA Zaura and hearing of the appeal application to 5th December 2022.

The Economic and Financial Crimes Commission (EFCC) had, during the last court sitting, declared that Zaura, who is standing trial for alleged $1.30 million fraud was nowhere to be found.

The anti-graft agency filed a charge of criminal conspiracy and obtaining money by false pretence to the tune of $1.3 million against the defendant.

When the case came up for arraignment, the prosecution counsel, Mrs Aisha Habib, during the last sitting, told the court that the defendant was nowhere to be found for arraignment.

“This is a criminal case and the defendant must be in court to answer his plea even if he is challenging the jurisdiction of the court to arraign him.

“This is a total disrespect, the defendant have to be in court before he can file an application challenging the jurisdiction of the court to arraign him,” Habib told the court.

Counsel to the defendant, Barr. Ibrahim Garba-Waru, told the court that at this critical stage of the proceedings the presence of the defendant was not mandatory.

“Section 266(b) of Administration of Criminal Justice Law(ACJL) 2015 says in a criminal trial the presence of the defendant is necessary but where there is an exception of interlocutory application challenging the jurisdiction of the court to arraign him can not take place,” he said.

Garba-Waru said the defendant was not in court than, because he is not physically fit to stand trail.

“The defendant on Oct.14, filed an application challenging the jurisdiction of the court to arraign him and inasmuch trial didn’t start his appearance in court is not necessary,” he said.