Corruption Allegations: Court to rule on Ganduje’s suit on September 22
A Federal High Court in Kano has scheduled September 22 for delivering judgment on a fundamental right enforcement suit filed by the former governor of Kano State, Dr Abdullahi Ganduje.
Recalling the events leading up to the judgment, on July 7, the court issued a restraining order against the Kano State Public Complaints and Anti-corruption Commission (KNPCACC), Nigeria Police, and six others.
The order barred them from inviting, harassing, or arresting Ganduje, his family, or any of his former appointees, pending the hearing and determination of the substantive originating motion.
Ganduje, through his counsel, Matthew Burkaa SAN, filed a motion ex parte on July 7, seeking protection under the Fundamental Rights Enforcement Procedure Rules 2009, as stated in Section 46 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
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The applicant is seeking to restrain the PCACC from arresting, investigating, or inviting him over an alleged bribe dollar video.
The respondents in the case include the KNPCACC, Nigeria Police, Inspector-General of Police, Commissioner of Police for Kano State, State Security Services, Nigeria Security and Civil Defence Corps, Attorney General of the Federation, and Attorney General of Kano State.
During the hearing, Counsel to the applicant, Matthew Burkaa SAN, filed a further affidavit in response to the respondents’ counter affidavit.
He clarified that the fundamental right suit aims to protect Ganduje’s rights as well as safeguard the interests of his family members and political appointees.
Burkaa emphasized, “We are not saying Ganduje should not be invited or investigated, but rather that it should be done according to the law.”
On the other side, Counsel to the PCACC, Femi Falana SAN, argued that the applicant’s immunity had expired on May 29.
He presented a 23-paragraph counter affidavit, along with four exhibits and a written address as part of their argument.
“This case is a matter of public interest, not personal interest. The applicant is seeking to use the court’s order to protect his reputation and parties that are not before the court,” Falana said, asserting that the court could not protect the names of those who were not part of the case.
He further stated that the court lacked jurisdiction and deemed the suit to be a gaging attempt.
Falana reminded the court that the PCACC had invited the applicant to investigate an alleged N1 billion theft and that Ganduje should, therefore, honour the invitation.
Representatives for the Nigeria Police and the DSS (Department of State Services) aligned themselves with the first respondent’s arguments.
In response, Counsel to the Attorney General of Kano, Mr Khalifa Hashim, filed a three-paragraph counter affidavit dated July 19, urging the court to dismiss the ex parte.
Justice A. M. Liman adjourned the matter to September 22 for judgment.
NAN
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