A court in Kano said it is against the law to charge the Majority Leader of the House of Representatives, Alhassan Ado Doguwa, for Criminal Conspiracy and Culpable Homicide.
The boss of the Court, Justice Mohammad Yunusa, declared on Monday that he can hear and provide a bail of N500 million on the leader of the House of Representatives. He made this decision after considering only one side of the argument.
The judge decided that the lower court didn’t have the power to deal with Doguwa’s case about his rights being ignored and him being kept in jail. He made this decision after Doguwa asked for it to be looked at again.
Justice Yunusa said that the Federal court is the only court that can hear cases about guns, like the one against Doguwa.
Although the judge let Doguwa leave for a while, he said that he still needs to go through the proper legal steps.
Doguwa’s lawyer, Nureini Jimoh, asked the court to protect Doguwa’s rights under the law and the constitution.
The important lawyer said that the police held Doguwa in jail when they shouldn’t have. This goes against his right to be free, which is protected by the 1999 constitution. The lawyer of the applicant said it was wrong for the Chief Magistrate to put their client in jail because only a higher court can decide on criminal cases according to the written statements.
The prosecutor said that police have a responsibility to investigate crimes even if it happened in the past. This doesn’t violate people’s rights. The prosecutor wrote this in 26 paragraphs.
Justice Yunusa said that people have the right to go to court if someone violates their basic rights according to section 46 (1) of the 1999 constitution.
The prosecutor AB Saleh was unhappy about the court’s decision to release Doguwa. They said that the Federal high court did not have the power to do this and that Justice Yunusa was wrong in his decision. This was a big problem for them.
Justice Yunusa said that Doguwa shouldn’t have been put in jail because he wasn’t officially charged with a crime. He also said that the police’s reasoning for keeping him in jail wasn’t allowed by the constitution.
The court said the police can’t arrest, bother, keep in jail, or do anything else to Doguwa.