Home JUSTICE & JUDICIARY Just In! Fundamental Enforcement: Kano Chief Magistrate Lacks Jurisdiction to Remand Doguwa...

Just In! Fundamental Enforcement: Kano Chief Magistrate Lacks Jurisdiction to Remand Doguwa – FHC Rules

Justice Mohammad Yunusa of the Federal high court, sitting in Kano on Monday declared jurisdiction to hear and grant the N500 million bail on exparte application on the embattled majority leader of the house of representatives Hon. Alhassan Ado Doguwa.

Besides that, the court declared the culpable homicide and other charges include criminal conspiracy prosecution against Doguwa before the Kano Chief Magistrate unconstitutional.

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Delivering judgement on the motion on notice filed by Doguwa against his fundamental right and unlawful detention by the lower court, Justice Yunusa held that Chief Magistrate Court lack the jurisdiction to preside over any charge bordering over criminal conspiracy.

Justice Yunusa equally cited section 251 (1) which exclusively granted the Federal court jurisdiction to hear case on firearm as contain in the charges filed against Doguwa. Although, the judge emphasized that granting Doguwa bail was not meant to prevent him from trial, Justice Yunusa insisted that due process must be followed.

In an affidavits submitted before the court, Doguwa through his attorney, Nureini Jimoh, Senior Advocate of Nigeria, sought the enforcement of fundamental right of his client as guaranteed by the constitution and other lawful charter.

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The Senior lawyer claimed 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. As contained in the affidavits, the applicant lawyer, had insisted the incarceration of his client by the Chief Magistrate was null and void and unconstitutional because lower court lack the competence to trial criminal charges.

Dissatisfied with order of the court setting Doguwa free, the prosecution counsel AB Saleh had queried the jurisdiction of the Federal high court to exercise the orders, insisted the action of Justice Yunusa amounted to gross abuse of court process.

The prosecution, in his 26 paragraphs counter-affidavits, maintained that police possess statutory duty to investigate any related case on criminal conspiracy for any period of time adding that such action does not constitute any infringement to fundamental right of the citizen.

In his Judgement, Justice Yunusa declared that citizens reserved the right under the provisions of section 46 (1) of the 1999 constitution as amended to approach any high court to challenge attempt or breach of he or her fundamental right.

Although, Justice Yunusa admitted the provisions of the law which specifically mention the state high court within which offenses on fundamental right can be challenged, he however revealed that both State and Federal high share concurrent jurisdiction to hear matters on fundamental right.

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Justice explained the Doguwa ought not to be remanded in the correctional facility in the first place because he was not arraigned and properly charge, adding that police argument on holding charge before the lower court was not recognized by the constitution of the land.

The court therefore granted the application of the Applicant.

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