Justice Abdullahi Garuba Ogbede of the Grade 1 Area Court, ACO Estate, Lugbe, FCT, Abuja issued the criminal summons and ordered its service on Saraki following a criminal complaint made against the Senate President by an Abuja-based lawyer and rights activist, Oluwatosin Ojaomo, acting under Section Section 89(5) of the Administration of Criminal Justice Act (ACJA) 2015.
When the case was called on Friday, complainant’s lawyer, E. S. Marcus told the court that the defendant was absent in court despite made by an official of the court to serve the defendant with summons issued on July 31 this year.
Following Marcus’ complaint, Justice Ogbede invited the court’s official, Abdullahi Umar Kutigi, who informed the court that he was prevented from serving the defendant by security personnel at the National Assembly when he visited the place.
The judge said since there was no evidence that proper service has been effected on the defendant, it was difficult for the court to take any further steps on the case.
He added: “The process was not served on the defendant. So, it is ordered that a proper service shall be made on the defendant. This matter is adjourned the 10th of September for mention.”
Ojaomo’s contention, in the complaint marked: CR/196/2018, is to the effect that Saraki’s alleged refusal to honour an invitation purportedly sent to him by the police, in relation to the ongoing Offa robbery investigation amounted to the offences of “obstructing a criminal investigation and disobeying a public officer carrying out a lawful responsibility.”
The criminal complaint, a copy of which The Nation sighted on Friday, reads: “Criminal complaint brought pursuant to Section 89(5) of the Administration of Criminal Justice Act (ACJA) 2015. Please, cause a summons for a direct criminal complaint on the defendant on the following terms:
“That you, Dr. Bukola Saraki, on or about the 24th day of July 2018 within the jurisdiction of this honourable court, did refuse to honour the invitation of the Inspector General of the Nigeria Police Force to report at the police headquarters in FCT, Abuja to answer to an allegation involving the investigation of some criminal suspects involved in a case which the Nigeria Police Force is currently investigating, thereby obstructing a criminal investigation and disobeying a public officer carrying out a lawful responsibility .
“You thereby committed an offence punishable under Section 136 and 149 of the Penal Code Law. Whereas, the complainant is praying the court to charge the defendant accordingly.”