The Federal High Court, Federal capital Territory Judicial Division in Abuja on Tuesday (today) adjourned until December 12, the arraignment of the Senator representing Bauchi Central Senatorial District, Isah Misau, on charges of making false documents.
Justice Anwuli Chikere adjourned the matter after the defence counsel, Mr. Joshua Musa (SAN), opposed the arraignment of the senator on the basis of an irregularity noticed on the face of the charges.
According to the lawyer, the absence of the Nigerian Bar Association’s stamp pasted to the charges, amounts to an irregularity under Rule 10 of the Rules of Professional Conduct for Legal Practitioners.
He also cited the authority of the Supreme Court in Yaki Vs Bagudu 2015 to back his argument.
“There is an irregularity on the face of the charge, it will be dangerous for the defendant to take his plea,” Musa said.
In response, prosecution led by Mr. Saleh Barkun of the Office of the Attorney-General of the Federation, said it was unnecessary to place the stamp on the amended charges since the the old charges had the stamp.
But Justice Chikere agreed with the defence and adjourned the case directing the prosecuting counsel to address the irregularity before the next day.
She then adjourned until December 12 for arraignment.
Misau remained standing in the dock throughout the proceedings that lasted about 25 minutes on Tuesday.
Justice Anwuli Chikere adjourned the matter after the defence counsel, Mr. Joshua Musa (SAN), opposed the arraignment of the senator on the basis of an irregularity noticed on the face of the charges.
According to the lawyer, the absence of the Nigerian Bar Association’s stamp pasted to the charges, amounts to an irregularity under Rule 10 of the Rules of Professional Conduct for Legal Practitioners.
He also cited the authority of the Supreme Court in Yaki Vs Bagudu 2015 to back his argument.
“There is an irregularity on the face of the charge, it will be dangerous for the defendant to take his plea,” Musa said.
In response, prosecution led by Mr. Saleh Barkun of the Office of the Attorney-General of the Federation, said it was unnecessary to place the stamp on the amended charges since the the old charges had the stamp.
But Justice Chikere agreed with the defence and adjourned the case directing the prosecuting counsel to address the irregularity before the next day.
She then adjourned until December 12 for arraignment.
Misau remained standing in the dock throughout the proceedings that lasted about 25 minutes on Tuesday.
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