Court Admits Jurisdiction, Restrains Further Action Against Doguwa

In a momentous ruling, the Federal Excessive Court docket in Kano, presided over by Justice Mohammad Yunusa, has asserted its jurisdiction to listen to the case of Alhassan Ado Doguwa, the embattled majority chief of the Home of Representatives.

The courtroom granted Doguwa’s software for N500 million bail on an exparte foundation.

Justice Yunusa additional declared the fees of culpable murder and prison conspiracy, which have been being pursued towards Doguwa earlier than the Kano Chief Justice of the Peace, as unconstitutional.

He referred to Part 251(1), which completely grants the Federal Court docket jurisdiction over circumstances involving firearms, as the idea for his resolution.

Emphasizing that the bail granted to Doguwa was not supposed to hinder the trial however to make sure due course of, Justice Yunusa underscored the significance of following correct authorized procedures.

In keeping with Doguwa’s lawyer, Nureini Jimoh, a Senior Advocate of Nigeria, their software sought the enforcement of his shopper’s basic rights, as assured by the structure and different relevant legal guidelines. Doguwa contended that his detention by the police was illegal, violating his proper to liberty and freedom, that are protected underneath a number of provisions of the 1999 structure.

Jimoh argued that the Chief Justice of the Peace’s resolution to detain Doguwa was null, void, and unconstitutional, because the decrease courtroom lacked the competence to deal with prison conspiracy costs.

In response, the prosecution counsel, AB Saleh, expressed dissatisfaction with the jurisdiction of the Federal Excessive Court docket to concern such orders, alleging gross abuse of the courtroom course of by Justice Yunusa.

In delivering the judgment, Justice Yunusa emphasised that residents have the proper, as stipulated in Part 46(1) of the 1999 structure, to strategy any excessive courtroom to problem makes an attempt or breaches of their basic rights.

The choose additional said that Doguwa shouldn’t have been remanded in a correctional facility with out being correctly arraigned and charged. He dismissed the argument put forth by the police relating to holding costs within the decrease courtroom, because it was not acknowledged by the Structure.

Consequently, the courtroom granted the applicant’s request, restraining the police from arresting, harassing, detaining, or taking any additional motion towards Doguwa.

Whereas acknowledging that challenges to offences associated to basic rights ought to ideally be made within the state excessive courtroom, Justice Yunusa revealed that each state and federal excessive courts have concurrent jurisdiction to listen to issues regarding basic rights.


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