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Court declares charges against Doguwa unconstitutional

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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.

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Ododo surrenders Yahaya Bello to EFCC

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Operatives of the Economic and Financial Crimes Commission (EFCC) have arrested Yahaya Bello, former governor of Kogi state.

TheCable understands that Usman Ododo, Kogi governor, brought Bello to Abuja this morning and invited EFCC to come pick him up.

The EFCC had charged the former governor with alleged money laundering, breach of trust, and misappropriation of N80.2 billion.

In April, the commission declared Bello wanted after several attempts to arrest him proved unsuccessful.

On August 20, the court of appeal in Abuja ordered Bello to surrender himself for arraignment.

Ola Olukoyede, EFCC chairman, would later allege that Bello withdrew $720,000 from Kogi coffers to pay his child’s school fees in advance.

The anti-graft agency also filed a 19-count charge against Bello over alleged money laundering.

However, the arraignment was stalled due to the absence of the former governor.

In May, Abdulwahab Mohammed, counsel to Bello, told the court that the former governor’s whereabouts remain unknown and that he was nurturing some safety concerns.

On August 20, the court of appeal in Abuja ordered Bello to surrender himself for arraignment.

Dele Oyewale, EFCC spokesperson, had said the court’s ruling was a “vindication” of the EFCC’s stance that Bello must face trial.

Sources had told TheCable that Bello has been hiding in plain sight — holed up in the “protective custody” of the Kogi state government — since he was declared wanted by the EFCC.

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Tinubu writes reps, seeks Oluyede’s confirmation as COAS

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President Bola Tinubu has asked the house of representatives to confirm Olufemi Oluyede as the substantive chief of army staff (COAS).

Tinubu’s request is contained in a letter read by Tajudeen Abbas, speaker of the house of representatives, during plenary on Tuesday.

Tinubu said Oluyede’s confirmation is in accordance with the provision of section 218(2) of the 1999 constitution as amended and section 18(1) of the Armed Forces Act.

The president said the army chief’s contribution to the military and Nigeria makes him “well-suited” for the role.

He said Oluyede has been professional in his duties, adding that his confirmation should be done “expeditiously”.

On October 30, Tinubu appointed Oluyede as the acting COAS following the prolonged illness of Taoreed Lagbaja, the former army chief.

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Governor Nwifuru suspends health, housing commissioners

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The Ebonyi State Governor, Francis Nwifuru, has suspended the state Commissioner for Health, Dr. Moses Ekuma and his Housing and Urban Development counterpart, Francis Ori.

It was gathered that they were suspended on Monday during the State Executive Council meeting in Abakaliki, the state capital.

A statement issued by the Commissioner for Information and State Orientation, Jude Okpor, which was sighted by our correspondent on Tuesday morning, read, “Following cases of gross misconduct and dereliction of duties by some government officials and matters related thereto, the Chairman of Council directed the indefinite suspension of the Honourable Commissioner for Housing and Urban Development and three months suspension of the Honourable Commissioner for Health respectively.”

It was also learnt that the development may be connected to the alleged theft of pieces of property belonging to the Ministry of Health by its officials and the reported underperformance of the Housing and Urban Development commissioner and his shoddy handling of the Amaeze Housing Scheme in the Ishielu Local Government Area of the state.

Recall that the governor was in the health ministry’s premises on Saturday night and met a scene where six officials were caught allegedly diverting government materials.

He, therefore, ordered their arrest and eventual prosecution.

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