A Kano State High Court has declined an application by the state government seeking the arrest of former governor Abdullahi Umar Ganduje over allegations linked to the ownership and management of Dala Inland Dry Port Limited.
Ganduje, who is listed as the first defendant in the case, secured temporary relief on Wednesday after the court refused to issue a bench warrant for his arrest over his absence from court. The application was filed by the Kano State Government through its counsel, Ya’u Adamu, who argued that Ganduje and the other defendants had failed to appear for arraignment despite being aware of the proceedings.
The prosecution said the request was brought pursuant to Section 388 of the Kano State Administration of Criminal Justice Law (ACJL), which empowers the court to issue a bench warrant against a defendant who fails to attend court.
However, Justice Yusuf Ubale of State High Court No. 2, sitting at the Audu Bako Secretariat Complex, ruled that issuing an arrest warrant at this stage would be premature. He held that there were pending legal issues raised by the defence that must first be resolved before any coercive steps could be taken.
Ganduje is standing trial alongside three others: his former aide, Abubakar Bawuro; his lawyer, Adamu Aliyu-Sanda; and a former Managing Director of the Nigerian Shippers’ Council, Hassan Bello. The defendants are facing a 10-count charge bordering on criminal conspiracy, misappropriation of public funds, criminal breach of trust, abuse of office and conflict of interest.
The former governor was represented in court by Senior Advocate of Nigeria, A.S. Gadanya, who led the defence team in opposing the prosecution’s application. The defence urged the court to first hear and determine their preliminary objections, particularly Ganduje’s challenge to the service of court processes on him.
According to the defence, the substituted service approved by the court was improper, invalid and beyond the court’s powers, arguing that until the issue of proper service was resolved, the court lacked jurisdiction to proceed against Ganduje or issue any arrest warrant.
Justice Ubale agreed with the defence and granted the request to hear the preliminary objections. He subsequently adjourned the case to February 23 for hearing.
The charges stem from allegations by the Kano State Government that the defendants conspired to fraudulently alter the ownership structure of Dala Inland Dry Port Limited. Prosecutors alleged that 80 per cent of the company’s shares, including the Kano State Government’s 20 per cent equity, were transferred to private interests through a fictitious firm, City Green Enterprise.
The state government further alleged that more than ₦4.49 billion in public funds were diverted to execute infrastructure projects at the dry port for personal and family benefit, including road construction, electricity supply and perimeter fencing.
One of the key allegations against Ganduje is that the state’s 20 per cent equity in the dry port was secretly transferred to private ownership, a move prosecutors said ultimately made his children co-owners of the facility.
