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A Federal High Court, Abuja, on Tuesday ordered the Department of State Service (DSS) to produce former Benue Governor, Gabriel Suswam in court on May 11 for his arraignment.
The Federal Government had accused Suswam and two others of diverting N9.7 billion being part of funds from the Subsidy Re-investment and Empowerment Programme.
The fund was allegedly diverted between 2012 and 2015 while Suswam was the governor of the state.
The other defendants facing the 32-count charge are the former Commissioner of Finance, Mr Omadachi Oklobia and former Accountant, Benue State Government House, Mrs Janet Aluga.
The arraignment was, however, stalled following Suswam’s absence in court.
Suswam and Oklobia are also standing trial at the Federal High Court, Abuja, on different matter bordering on embezzlement of state funds.
The News Agency of Nigeria (NAN) reports that Suswam is currently in the custody of the DSS over another matter bordering on an allegation of illegal arms possession.
Mr Aminu Alilu, the prosecuting counsel, told the court that Suswam could not be served with the charge because he (Suswam) was being held by the DSS.
“Efforts to serve him in accordance with Section 2 (3) of the Administration of the Criminal Justice Act failed, therefore we served his counsel in compliance with Section 379 (3) of the ACJA, instead,” he said
Alilu further said the prosecution also made futile attempt to serve the ex-governor through the DSS.
“We have a letter to that effect and the acknowledged copy by the office of the DSS,’’ he said.
Mr Adedayo Adedeji, counsel to Suswam on other matters, said the prosecution misled the court to submit that Suswan refused to be served.