Senator Adeleke arrived on Tuesday at the Magistrate Court in Abuja has been docked and is challenging his arraignment.
Counsel to the police says he is ready to proceed with the case but his Counsel (Adeleke), Chris Adebiyi is objecting the arraignment.
He said a Federal High Court in Osun State has granted an order restraining the police from arresting the lawmaker and that the court also gave him leave to travel to the US on the account of ill health.
He said the order of the Federal High Court asked the defendant to answer to their invitation but the court ordered that the first defendant return his passport to the court three days after his return.
Mr Adebiyi explained that the court ordered that the police will not arrest Senator Adeleke upon honouring the police invitation.
He said a High Court in Osun state also affirmed and upheld the order.
“We are not saying he cannot be arraigned but the order of the court has to be respected”.
Mr Adebiyi concluded that based on the order it will be impracticable to continue with the arraignment.
But the prosecutor said he is not objecting to the tendering of the documents rather he was not served.
The defence lawyer prayed the court to adjourn the matter indefinitely pending the hearing and determination of the suit before the court which has the same facts as this case and where the prosecutor is a party in the suit.
Replying the prosecutor opposed the application that the matter be adjourned indefinitely and the release of the defendant.
He submitted that the objection is highly misplaced and misconceived noting that the court did not say the Senator cannot be arraigned but only directed him to appear before the police.
He added that they have filed an appeal and motion for a stay against the order. Mr Adebiyi in his response said the motion filed by the police is a mere paper because there is no order of the court.
He added that the order of the Osun high Court has not been objected to by anybody.