Home JUSTICE & JUDICIARY Rights Enforcement: FHC Fixes Date For Judgement in Ganduje Vs Anti-graft Agency...

Rights Enforcement: FHC Fixes Date For Judgement in Ganduje Vs Anti-graft Agency Suit

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The Federal High Court sitting in Kano, has fixed 22nd August, 2023 to deliver judgement in a suit filed by former Governor of Kano State, Dr. Abdullahi Umar Ganduje, seeking for the enforcement of his fundamental human rights, his  family members and that of all  political appointees who served under his administration.

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The former governor approached the court seeking to restrain, arrest, invite, investigate, detained or forcefully taking over his properties, his family members and all political appointees who served under his administration.

Justice Watch News recalls that on 7the July, 2023, the presiding judge, Justice A.M Liman has granted an exparte order, restraining Police and 7 other respondents from further action, pending the hearing and determination of  originating motion on notice.

When the court resumed, Tuesday for hearing of the originating motion, on notice, Counsel to the Applicant, Matthew Burkaa, SAN said he brought his application on behalf of the Applicant, pursuant to Fundamental Rights Enforcement Procedure Rules, 2009 and section 46 of the Constitution of Federal Republic of Nigeria, 1999 as amended.

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He said the Fundamental Rights suit was to protect the Right of Ganduje, his family members and that of all appointees.

He explained that  the Applicant is not challenging his investigation but insisting that should be done according to the law and laid down procedure.

He said Nigerians are all bounded by International Treaties and Constitution which is the norms and value.

According to the Senior Advocate, Constitution exist to protect strong and the weak, stressing that court is the last hope of every citizen.

“My Lord this suit is subjudice, they should wait till the end of their investigation before embarking on action.

“This case is not about the Vedio clips and alleged N1 Billion Naira against the Applicant but instituted to enforce his fundamental human rights,” Burkaa stated

He urged the court to uphold his submissions and grant all the reliefs sought.

In his response, the Counsel to the Kano State Anti Corruption and Public Complaints Commission, (1st Respondent) Femi Falana, SAN, said  the Applicant’s immunity has expired on 29th May, 2023.

He argued that the suit is of Public Interest litigation rather than individual.

He  argued that the Applicant wanted to use the order to protect himself and the parties that are not properly before the court.

Falana stressing that the court cannot protect the names of those who are not before the court.

He described the suit as a gaging suit.

“The Court shouldn’t protect the Applicant gaging suit to allow the respondents perform their statutory duty,” He said

He prayed the Court to dismiss the suit and all the reliefs by the Ganduje.

On their part, counsel to Nigeria Police and Commissioner of Police Kano, SP Sunday O Ekwe supported and aligned himself to the submissions of Femi Falana.

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Similarly on his submission, Counsel to the Kano state Attorney General, Barrister Khalifa Hashim, supported all the submissions of Femi Falana  urged the court to dismiss the exparte order it earlier granted.

After hearing all counsel in the suit, Justice A.M Liman accordingly fixed 22nd September for Judgement.

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