Kano state police command on Wednesday challenged the jurisdiction of Federal high court sitting in the state to grant the bail application for the release of majority leader of house of representatives Alhassan Ado Doguwa from prison custody.
Relatedly, the police urged Justice Mohammad Yunusa to dismiss the application filed by Doguwa seeking to enforce a fundamental right and restrict the security agencies from arrest, harassment and intimidation against any proceedings until he is brought to charge.
Counsel to Police, Barrister AD Saleh raised the concern at the hearing of fundamental right application filed by the Majority leader.
Recalls that the presiding Judge Justice Yunusa, earlier in March granted an exparte application on fundamental right with the sum of N500 million for the release of the majority leader, Doguwa from correctional facility where he was remanded by a Kano Magistrate Court.
Doguwa was arrested by the police and before the Chief magistrate court on five count charges bordering on culpable homicide, criminal conspiracy, unlawful possession of firearm, inciting disturbance and public disturbance.
The prosecution came after the federal lawmaker representating Doguwa/Tudun-Wada federal constituency of Kano was accused of killing members of the opposition New Nigeria Peoples Party (NNPP) in Tudun-Wada constituency during the February 18th National assembly elections.
During the hearing, Counsel to Doguwa, Mr. Nurieni Jimoh SAN, filed originating motion on notice of 23 paragraphs before Justice Yunusa seeking the court to restrain the police from further arrest of his client.
In his argument, the senior lawyer argued that the magistrate court who ordered the detention of his client in prison lack the jurisdiction to either remand, detain or grant the release of Doguwa base on the account of allegations brought against him.
Jimoh further told the court that since the police in their counter affidavits agreed that the magistrate court assumed matters above his jurisdiction, the police lack the right to challenge the jurisdiction of the Federal high court on the matter.
Jimoh who informed the court that Doguwa’s alleged criminal charges have been taken over by the Inspector General of Police monitory unit for thorough investigation on the allegation, asked counsel to Police Commissioner in Kano to realign his processes with the IGP team.
Although, Mr. Jimoh SAN would not substantiate his claim with credible evidence, when the court demanded for same, the senior lawyer pledged to maintain his oath of truthfulness at the temple of justice.
In a counter argument, counsel to Police Commissioner, Barrister Saleh insisted the application of Doguwa should be disregarded for lack of competence and merit. Barrister Saleh noted that the jurisdiction of magistrate court was of no concern since Doguwa was only arraigned for proceedings of First Information Report (FIR) allowed under section 295 of Administration of Criminal Justice 2019.
Although Justice Yunusa maintained that the jurisdiction of the court can be exercised on Firearm charge, Barrister Saleh believed the court can still decline jurisdiction on cases that bother partial jurisdiction.
Saleh expressed suprised why Doguwa decided to filed application challenging the jurisdiction of Magistrate Court before the Federal high court, and not before the lower court itself.
Justice Yunusa adjourned the matter to 23 May, 2023 for ruling on the applicant’s application.