The Federal High Court in Kano has deemed the charges of culpable homicide, criminal conspiracy prosecution, and other related charges against the House of Representatives Majority Leader, Alhassan Ado Doguwa, as unconstitutional.
PulseNets reports that Justice Mohammad Yunusa, presiding over the court, delivered the judgment on Monday.
He asserted that the Chief Magistrate Court lacked jurisdiction to handle criminal conspiracy charges.
Additionally, Justice Yunusa cited section 251(1), which exclusively grants the Federal court jurisdiction to hear cases involving firearms, as mentioned in the charges against Doguwa.
While granting bail to Doguwa did not imply his exemption from the trial, Justice Yunusa emphasised the importance of following due process.
Doguwa’s lawyer, Nureini Jimoh, a Senior Advocate of Nigeria, filed a motion on notice seeking to enforce his client’s fundamental rights and challenging his unlawful detention by the lower court.
The affidavit submitted by Doguwa’s legal team argued that his detention by the police violated his rights to liberty and freedom, as protected by the constitution and other lawful charters.
The prosecution counsel, AB Saleh, expressed dissatisfaction with the court’s decision to release Doguwa and questioned the jurisdiction of the Federal High Court to issue such orders, alleging gross abuse of the court process.
In his judgment, Justice Yunusa emphasised that citizens have the right, under section 46(1) of the 1999 constitution, to approach any high court to challenge attempts or breaches of their fundamental rights.
While acknowledging the law’s provision that specifies the state high court as the venue to challenge offences related to fundamental rights, Justice Yunusa clarified that both the state and federal high courts share concurrent jurisdiction in such matters.
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Justice Yunusa further noted that Doguwa should not have been remanded in a correctional facility without being arraigned and adequately charged, discrediting the police’s argument regarding holding charges before the lower court, as the constitution does not recognise it.
Consequently, the court granted an application restraining the police from arresting, harassing, detaining, or taking further action against Doguwa.
