TheCable

A federal high court in Kano has fixed September 22 to deliver judgement in a suit filed by Abdullahi Ganduje, former governor of the state, seeking to stop his investigation and arrest over allegations of bribery.

In 2018, Daily Nigerian, an online newspaper, published a video of Ganduje allegedly receiving bundles of dollars from contractors, which he stuffed into his “babanriga”, a traditional outfit.

The newspaper said the former governor requested $5 million as a bribe from the contractors who recorded the video.

But Ganduje had denied any wrongdoing, claiming the video was doctored.

Recently, the Kano Public Complaints and Anti-Corruption Commission (PCACC) said the video showing Ganduje receiving kickbacks from a contractor is authentic.

Subsequently, the commission invited the former governor for questioning over the incident but Ganduje did not honour the invitation.

Afterwards, he filed an ex parte motion to restrain the commission from arresting and investigating him over the incident.

A.M. Liman, the presiding judge, had restrained the anti-graft agency and seven others from arresting or inviting the former governor pending the determination of the suit.

At the court session on Tuesday, Matthew Burkaa, counsel to Ganduje, said the application is brought pursuant to fundamental rights enforcement procedure rules, 2009 and section 46 of the constitution of the federal republic of Nigeria, 1999 as amended.

Burkaa said the fundamental rights suit was to protect the right of Ganduje, his family members and all the applicant’s appointees.

He told the court that the applicant is not challenging his investigation but insisted that it should be done according to the law and laid down procedure.

“My lord this suit is subjudice. They should wait till the end of their investigation before embarking on action,” he said.

“This case is not about the video clips and alleged N1 billion against the applicant but instituted to enforce his fundamental human rights.”

Responding, Femi Falana, counsel to PCACC told the court that the applicant can no longer enjoy immunity since his tenure as governor ended on May 29.

He argued that the suit is of public interest rather than individual, adding that the applicant wanted to use the order to protect himself and the parties before the court.

Falana stressed that the court cannot protect the names of those who are not before the court.

“The court shouldn’t protect the applicant’s gaging suit to allow the respondents to perform their statutory duty,” Falana said.

He prayed the court to dismiss the suit and all the reliefs by Ganduje.

On his part, Sunday Ekwe, counsel to Nigeria Police and Kano state police commissioner, supported the submissions of Falana.

Similarly, Khalifa Hashim, counsel to the Kano state attorney-general, aligned with all the submissions of Falana and urged the court to dismiss the ex parte order it earlier granted.

After listening to submissions of counsel, the judge adjourned the matter until September 22, for judgment.