Federal High Court declares murder charges against Doguwa unconstitutional
A Federal High Court in Kano has declared the prosecution of the House of Representatives Majority Leader, Alhassan Ado Doguwa, on charges of culpable homicide and criminal conspiracy as unconstitutional.
The presiding judge, Justice Mohammad Yunusa, also granted a N500 million bail to Doguwa based on an ex parte application.
Justice Yunusa ruled that the Chief Magistrate Court lacked jurisdiction to preside over charges related to criminal conspiracy, citing Section 251(1) which grants exclusive jurisdiction to the Federal court for cases involving firearms, as stated in the charges against Doguwa.
The judge emphasized that granting bail to Doguwa did not mean he would be exempt from the trial, but due process must be followed.
Doguwa, through his attorney Nureini Jimoh, SAN, filed a motion on notice asserting his fundamental rights and challenging his unlawful detention by the lower court.
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The senior lawyer argued that the detention violated Doguwa’s rights to liberty and freedom, as guaranteed by the constitution.
The affidavit submitted by Doguwa’s lawyer contended that the Chief Magistrate’s incarceration of his client was null, void, and unconstitutional due to the court’s incompetence to handle criminal charges.
However, the prosecution counsel, AB Saleh, expressed dissatisfaction with the court’s decision, questioning the jurisdiction of the Federal High Court and claiming abuse of the court process.
In response, Justice Yunusa stated that citizens have the right, under Section 46(1) of the 1999 constitution, to approach any high court to challenge any attempt or breach of their fundamental rights.
He acknowledged that while the law specifically mentions the state high court for challenging offences related to fundamental rights, both state and federal high courts have concurrent jurisdiction in such matters.
Justice Yunusa explained that Doguwa should not have been remanded in a correctional facility without being properly arraigned and charged.
He dismissed the police argument of a holding charge before the lower court, stating that it was not recognized by the Constitution.
As a result, the court granted the applicant’s request, restraining the police from arresting, harassing, detaining, or taking further action against the lawmaker.