Court rules in favour of Doguwa, says murder charge unconstitutional
A Federal High Court in Kano has restrained further action against the embattled majority leader of the House of Representatives, Alhassan Ado Doguwa.
The court, presided over by Justice Mohammad Yunusa on Monday held that it has jurisdiction to hear and grant the N500 million bail on exparte application.
It also held that the culpable homicide and other charges including criminal conspiracy prosecution against Doguwa before the Kano Chief Magistrate was unconstitutional.
Delivering judgement on the motion on notice filed by Doguwa to enforce his fundamental human rights, Justice Yunusa held that the Chief Magistrate Court lacked the jurisdiction to preside over any charge bordering on criminal conspiracy.
Justice Yunusa equally cited Section 251 (1) which exclusively granted the Federal High Court jurisdiction to hear cases on firearms as contained in the charges filed against Doguwa.
The judge added that granting Doguwa bail was not meant to prevent him from trial, but that due process must be followed.
Doguwa’s counsel, Nureini Jimoh (SAN) had argued that Doguwa 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.
Dissatisfied with the earlier order of the court that granted Doguwa bail, police prosecutor, A.B Saleh had queried the jurisdiction of the federal high court to exercise the orders, insisting the action of Justice Yunusa amounted to gross abuse of the court process.
But delivering judgment on Monday, Justice Yunusa held that Doguwa ought not to be remanded in the correctional facility in the first place because he was not arraigned and properly charged, adding that police argument on holding charge before the lower court was not recognised by the constitution of the land.