Justice Gabriel Kolawole of the Federal High Court sitting in Abuja, on Tuesday ordered the Department of State Service (DSS) to produce former Benue state Governor, Gabriel Suswam in court, for him to answer criminal charges preferred against him and two others by the Federal Government.
The former governor and his co-defendants are accused of diverting the sum of N9.7 billion, part of which was meant for police reform programme, Subsidy Reinvestment and Empowerment Programme.
The funds were allegedly diverted between 2012 and 2015, while Suswam held sway as the governor of Benue State.
The allegations are contained in the 32-count charge, bordering on fraud and money laundering filed against Suswam and two others on Monday.
Others named as defendants in the charge marked FHC/ABJ/CR/48/2017, are a former Commissioner of Benue State under Suswam’s administration, Mr Omadachi Oklobia, and the then Accountant, Benue State Government House Administration, Mrs Janet Aluga.
At yesterday’s proceedings, which was meant for arraignment of the defendants, Suswam was conspicuously absent in court.
Explaining the circumstances responsible for Suswam’s absence in court, the prosecution counsel, Aminu Alilu told Justice Gabriel Kolawole that he refused to be served.
“My Lord, the 1st defendant is on administrative bail granted to him by police. When we went to serve him, it was discovered that the 1st defendant (Suswam) is in the custody of DSS.
“We made effort to serve the 1st defendant in accordance with Section 2(3) of Administration of Criminal Justice Administration (ACJA) but could not succeed as he refused service.
“Therefore, we served his counsel in compliance with Section 379(3) of ACJA” the Federal Government lawyer stated.
When the court asked if Suswam was aware of the arraignment, Alilu said; “My Lord, he is aware because a letter to that effect was communicated to the DSS and they acknowledged it.”
“This same morning, My Lord, the 1st defendant refused that he is not coming to court to take plea. In view of this, by virtue of Section 87 of the ACJA, this court has power to make order for the process to be served on the defendant”, he said.
Reacting, Adebayo Adedeji, who announced appearance under protest for Suswam told the court what actually transpired.
“My Lord, yesterday at about 2pm, two officers of Nigerian Police Force walked into our office seeking to serve a charge filed on this instant suit.
“Out of respect for the court, we received the process in protest. Our objection is that being an originating process, it ought to be served personally on the 1st defendant.
“What the police did was presumptuous; because we are representing the defendant in another matter does not mean we are representing him in the instant case. He has the right to brief any other lawyer.
“Therefore My Lord, “It cannot be correct to say that the 1st defendant refused to be served”, Adedeji posited.
On his part, David Iorhenea, counsel to the 2nd and 3rd defendants submitted that, “in the absence of the 1st defendant, this matter cannot go on because it is a joint charge”.
In his ruling, Justice Kolawole ordered the DSS to produce Suswam in court on the next adjourned date of May 11, 2017 for him to take plea and added that, until the former governor is served, he cannot be produced in court.
Justice Kolawole noted that, “Although the prosecution said the 1st defendant refused to be served, for the fact that he is in the custody of the DSS, this court has to make an order to ensure he takes plea.
“Therefore, the court ordered the prosecution to effect service of the charge on the legal department of the DSS for service on Suswam.
“DSS shall produce the 1st defendant in court except if he is released on administrative bail before the next adjourned date. The 2nd and 3rd defendants shall remain on administrative bail.
“The Director General of DSS, Lawal Daura shall ensure that Suswam is produced in court on May 11, for him to enter plea by 11:45AM”, the Judge held.
and then