Kano Court Sets May 16 for Ruling on Substituted Service in Ganduje vs Kano state May 16

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The High Court in Kano state has scheduled May 16, 2024, for a ruling on whether to allow service through substituted means to respondents in the legal battle involving the Kano state government and former Governor Abdullahi Ganduje, along with eight others.

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Ganduje, his wife Hafsat, his son Umar, and five others face eight count charges, including allegations of a $413,000 bribery, diversion and misappropriation of funds amounting to N1.38 billion, and abuse of office, among other accusations.

Justice Usman Na’abba, the presiding judge, announced the date for the ruling after hearing arguments and counterarguments regarding the permissibility of serving the respondents through alternative means.

The prosecution counsel, Adeola Adedigbe, SAN, argued that Section 378 subsection 5 of the Kano State ACJL permits service through substituted means in criminal cases. He cited the law, which allows service on the defendant through their legal practitioner, surety, or an adult in their household.

However, the legal counsel for respondent number six, Lamash Properties Limited, Nuraini Jimoh, SAN, contended that respondents in a criminal case cannot be served through substitute means, describing the Kano state law as ‘Ultra Vires’ and inferior to the Nigerian Constitution.

Jimoh argued that the Nigerian Constitution, being on the exclusive legislative list, restricts such actions and that the attempt to seek substituted service without prior efforts to reach the respondents shifts the responsibility to the court, violating Section 36 of the constitution.

In response, the prosecution counsel dismissed the defense counsel’s argument as premature and preemptive, emphasizing the legality of the Kano state law allowing service through substitute means in criminal cases.


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