Court orders DSS to produce Suswam for trial

Justice Gabriel Kolawole of an Abuja Federal High Court, has ordered the Department of State Service (DSS) to produce former governor of Benue State, Gabriel Suswam in court on May 11, 2017 for arraignment on allegations of fraud.

Suswam and two others were accused by the Nigerian government of fraudulently diverting N9.7 billion from funds meant for the Subsidy Reinvestment and Empowerment Program (SURE P).

The first defendant is also facing a separate charge for a similar offense.

They were meant to be arraigned on  a 32-count charge but Suswam was absent, thereby necessitating an adjournment of the scheduled arraignment.

Although the other defendants, namely Omadaji Okolobia and Janeth Anuga were present in court, the prosecution said the first defendant had refused to be served with the charge, when approached for that purpose.

“The first defendant is on administrative bail granted him by the police. When we went to serve him, we discovered that at the custody of the SSS, efforts to serve him in accordance with Section 2 (3) of the Administration of Criminal Justice Act (ACJA), failed, therefore we served his counsel, in compliance with section 379 (3) of the ACJA”, Aminu Halilu, prosecuting counsel told the court.

He further informed that a letter to the effect of the charge had been communicated and acknowledged by the office of the DSS, stressing that the first defendant was not served because he refused service.

However, Adedayo Adedeji counsel representing Suswam said the prosecution was wrong in submitting that he (Suswam), refused to be served.

“Yesterday at about 2 to 3 PM two officers from the police walked into our office, seeking to serve a file on this instant suit. Out of respect for this court, we received it in protest.

“Our objection is that being an originating process, it ought to be served personally. What the police did is pretentious. The fact that we are representing him in another matter does not mean that we must represent him, also in this one. It cannot now be correct to say that Suswan refused to be served we admit that in the absence of the first defendant, this matter cannot hold,” he said.

The trial Judge, Justice Kolawole subsequently adjourned the matter till May 11, 2017 after issuing orders for the first defendant to be served with the said notice.

“Prosecution shall effect service on the legal department of the SSS, which in turn shall produce the first defendant in court, except if he has been released on administrative bail. The second and third defendant shall maintain the administrative bail, they are currently enjoying”, the court held.