A Federal High Court sitting in Kano has declared the culpable homicide charges, including criminal conspiracy case filed against the House of Representatives Majority Leader, Alhassan Ado Doguwa, as unconstitutional.
Making the declaration on Monday, the Presiding Judge of the court, Justice Mohammad Yunusa, had also declared jurisdiction to hear and grant the N500 million bail on exparte application on the embattled Doguwa
Similarly, while delivering judgement on the motion on notice filed by Doguwa against his fundamental rights and unlawful detention by the lower court, Justice Yunusa held that the Chief Magistrate Court lacked the jurisdiction to preside over any charge bordering on criminal conspiracy.
Doguwa through his attorney, Nureini Jimoh, a Senior Advocate of Nigeria, sought the enforcement of the fundamental rights of his client as guaranteed by the constitution and other lawful charters.
The senior lawyer claimed that Doguwa was detained by the police unlawfully and against his right to liberty and freedom as allowed under several provisions of the 1999 constitution as amended.
The prosecution counsel AB Saleh in his 26 paragraphs counter-affidavits, maintained that police possess a statutory duty to investigate any related case on a criminal conspiracy for any period of time adding that such action does not constitute any infringement of the fundamental right of the citizen.
In his judgement, Justice Yunusa declared that citizens reserved the right under the provisions of section 46 (1) of the 1999 constitution as amended to approach any high court to challenge an attempt or breach of his or her fundamental right.
Although Justice Yunusa admitted the provisions of the law which specifically mentioned the State High Court within which offences on fundamental rights can be challenged, he revealed that both the State and Federal High Courts share concurrent jurisdiction to hear matters on fundamental rights.
The court, therefore, granted the application restraining the police from arresting, harassing, detaining or taking further action against Doguwa.
