TheCable

A federal high court in Abuja has issued a N25 million fine against Abba Yusuf, governor of Kano governor, for violating the fundamental human rights of Alhassan Doguwa, a lawmaker representing Doguwa/Tundun Wada federal constituency.

On February 28, Doguwa was arrested at the Mallam Aminu Kano International Airport, while boarding a flight to Abuja.

The police had said they received a report that he led thugs to set ablaze the secretariat of the New Nigeria Peoples Party (NNPP) in Kano.

Two persons were said to have died in the incident.

Although the legislator denied any wrongdoing, he was arraigned in March before a magistrate court in Kano and was later remanded in prison.

He was granted bail in the sum of N500 million by a federal high court after a few days in prison.

However, the charges were withdrawn after the prosecution said it could not “find sufficient evidence to link Doguwa with the said offences”.

Doguwa later filed a suit marked: FHC/ABJ/CS/831/23 seeking an order enforcing his fundamental rights.

The attorney-general of the federation (AGF), the inspector-general of police, the governor of Kano state and the Kano attorney-general (AG) are joined as 1st to 4th defendants respectively.

But the governor and the AG, in their counter affidavit argued by their lawyer, M. K. Umar, said Doguwa was not facing prosecution for the violence during the February 25 presidential and national assembly elections in Kano or for being in possession of firearms.

Umar said Doguwa was wanted in Kano to answer to the allegation of homicide preferred against him by the state government.

The lawyer said there were new facts which needed to be investigated, adding that the AG had the power to review the case in the wake of the emerging evidence.

But Afam Osigwe, Doguwa’s lawyer, disagreed with Umar, stating that the police report on the incident, attached as exhibit 10, exonerated his client of wrongdoing.

The senior lawyer, who alleged a political witch-hunt against Doguwa, said his fundamental rights as enshrined in the law were threatened by the 3rd and 4th respondents.

Delivering the judgment on Friday, Donatus Okorowo, the presiding judge, agreed with the plaintiff that it was the same offence which the lawmaker was exonerated that the governor and the AG planned to review.

“It is hereby declared that the purported action of the 3rd and 4th respondents to review the legal advice dated 23rd May, 2023, and indeed the actual review of the legal advice dated May 23, 2023, with a view to arrest, detain, and prosecute the applicant on a fathom charge and without regards to the report of the 2nd respondent (I-G) is illegal, unlawful, wrongful, unconstitutional and void,” the judge ruled.

”It amounts to an infraction of the applicant’s constitutional right to human dignity, personal liberty and freedom of movement.

“An order of perpetual injunction is hereby granted restraining the respondents, themselves, and by agents, howsoever described from further inviting, arresting or detaining the applicant with a view to review the 4th respondent legal advice dated 23 May, 2023, in so far as the respondents do proffer fresh evidence against the applicant.

“An order of perpetual injunction restraining the respondents from further interfering with the fundamental rights of the applicant whatsoever.

“An order of this honourable court is hereby granted nullifying the purported 3rd respondent directive to review the fourth respondent legal advice dated May 23, 2023, with a view to arrest the applicant.

“General damages of 25 million only against the 3rd respondent only for causing the psychological pain and damage to the applicant.”