A Federal High Court, sitting in Kano, has on Monday restrained the police from arresting, harassing, detaining or taking further action against the Majority Leader of the House of Representatives Alhassan Ado Doguwa.
The Editor Nigeria gathered that the majority leader in an affidavits submitted before the court, through his attorney, Nureini Jimoh, (SAN), sought the enforcement of the fundamental rights of his client as guaranteed by the constitution and other lawful charters.
Doguwa’s lawyer said his client was detained by the police unlawfully and against his right to liberty and freedom as allowed under several provisions of the 1999 constitution as amended.
He maintained in the affidavit that the incarceration of his client by the Chief Magistrate was null and void and unconstitutional because lower courts lack the competence to try criminal charges.
It would be recalled that the majority leader was arrested in February over alleged links to electoral violence in Kano State during the 2023 elections that led to the death of some persons.
However, the high court declared culpable homicide charges, including criminal conspiracy prosecution against the majority leader as unconstitutional.
The Presiding Judge of the Court, Justice Mohammad Yunusa, who declared the court’s jurisdiction to hear and grant Doguwa’s N500 million bail on exparte application, said the magistrate court had no jurisdiction to preside over any charge bordering on criminal conspiracy.
Justice Yunusa held that Doguwa ought not to have been remanded in the correctional facility in the first place because he was not arraigned and properly charged, noting that the police argument on holding charge before the lower court was not recognized by the constitution of the land.
Delivering his judgment on the motion filed by Doguwa against his fundamental right and unlawful detention by the lower court, Justice Yunusa held that the Chief Magistrate Court lacked the jurisdiction to preside over any charge bordering on criminal conspiracy.
Justice Yunusa also cited section 251 (1) which exclusively granted the Federal court jurisdiction to hear cases on firearms as contained in the charges filed against Doguwa. Although the judge emphasized that granting Doguwa bail was not meant to prevent him from trial, Justice Yunusa maintained that due process must be followed.
Justice Yunusa in his judgement declared that citizens reserved the right under the provisions of section 46 (1) of the 1999 constitution as amended to approach any high court to challenge an attempt or breach of his or her fundamental right.
The court, therefore, granted the application of the applicant, restraining the police from arresting, harassing, detaining or taking further action against Doguwa.
However, the prosecution counsel, AB Saleh, who was not pleased with the judgement, queried the jurisdiction of the Federal high court to exercise the orders, insisting the action of Justice Yunusa amounted to gross abuse of court process.
The prosecution, in its 26 paragraphs counter-affidavits, maintained that police possess a statutory duty to investigate any related case of criminal conspiracy for any period of time adding that such action does not constitute any infringement of the fundamental right of the citizen.
