Alleged homicide: Court admits jurisdiction, restrains further action against Doguwa

In a momentous ruling, the Federal High Court in Kano, presided over by Justice Mohammad Yunusa, has asserted its jurisdiction to hear the case of Alhassan Ado Doguwa, the embattled majority leader of the House of Representatives.

The court granted Doguwa’s application for N500 million bail on an exparte basis.

Justice Yunusa further declared the charges of culpable homicide and criminal conspiracy, which were being pursued against Doguwa before the Kano Chief Magistrate, as unconstitutional.

He referred to Section 251(1), which exclusively grants the Federal Court jurisdiction over cases involving firearms, as the basis for his decision.

Emphasizing that the bail granted to Doguwa was not intended to obstruct the trial but to ensure due process, Justice Yunusa underscored the importance of following proper legal procedures.

According to Doguwa’s attorney, Nureini Jimoh, a Senior Advocate of Nigeria, their application sought the enforcement of his client’s fundamental rights, as guaranteed by the constitution and other applicable laws. Doguwa contended that his detention by the police was unlawful, violating his right to liberty and freedom, which are protected under multiple provisions of the 1999 constitution.

Jimoh argued that the Chief Magistrate’s decision to detain Doguwa was null, void, and unconstitutional, as the lower court lacked the competence to handle criminal conspiracy charges.

In response, the prosecution counsel, AB Saleh, expressed dissatisfaction with the jurisdiction of the Federal High Court to issue such orders, alleging gross abuse of the court process by Justice Yunusa.

In delivering the judgment, Justice Yunusa emphasized that citizens have the right, as stipulated in Section 46(1) of the 1999 constitution, to approach any high court to challenge attempts or breaches of their fundamental rights.

The judge further stated that Doguwa should not have been remanded in a correctional facility without being properly arraigned and charged. He dismissed the argument put forth by the police regarding holding charges in the lower court, as it was not recognized by the Constitution.

Consequently, the court granted the applicant’s request, restraining the police from arresting, harassing, detaining, or taking any further action against Doguwa.

While acknowledging that challenges to offences related to fundamental rights should ideally be made in the state high court, Justice Yunusa revealed that both state and federal high courts have concurrent jurisdiction to hear matters concerning fundamental rights.

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