Court declares charges against Doguwa unconstitutional

In a recent ruling, the Federal High Court in Kano has declared charges of culpable homicide, criminal conspiracy prosecution, and other related charges against Alhassan Ado Doguwa, the Majority Leader of the House of Representatives, as unconstitutional.

Presiding over the case on Monday, May 22, 2023, Justice Mohammad Yunusa delivered the judgment, asserting that the Chief Magistrate Court lacked jurisdiction to handle criminal conspiracy charges brought against Doguwa.

Justice Yunusa referenced section 251(1) of the law, which grants exclusive jurisdiction to the Federal court in cases involving firearms, as mentioned in the charges against Doguwa.

While granting bail to Doguwa, the court clarified that it did not imply his exemption from the trial, emphasising the importance of following due process.

Doguwa’s legal counsel, Nureini Jimoh, a Senior Advocate of Nigeria, filed a motion on notice seeking to enforce his client’s fundamental rights and challenge his unlawful detention by the lower court.

The affidavit submitted by Doguwa’s legal team argued that his detention by the police violated his rights to liberty and freedom, protected by the constitution and other lawful charters.

The prosecution counsel, AB Saleh, expressed dissatisfaction with the court’s decision to release Doguwa and questioned the jurisdiction of the Federal High Court to issue such orders, alleging gross abuse of the court process.

In his judgment, Justice Yunusa emphasised that citizens have the right, under section 46(1) of the 1999 constitution, to approach any high court to challenge attempts or breaches of their fundamental rights.

While acknowledging the provision that designates the state high court as the venue to challenge offenses related to fundamental rights, Justice Yunusa clarified that both the state and federal high courts share concurrent jurisdiction in such matters.

Furthermore, Justice Yunusa noted that Doguwa should not have been remanded in a correctional facility without being arraigned and adequately charged, discrediting the police’s argument regarding holding charges before the lower court, as the constitution does not recognise it.

As a result, the court granted an application restraining the police from arresting, harassing, detaining, or taking further action against Doguwa.