A Federal High Court in Kano has declared Culpable Homicide charges, including Criminal Conspiracy Prosecution against the House of Representatives Majority Leader, Alhassan Ado Doguwa as unconstitutional.
The court also granted the application restraining the police from arresting, harassing, detaining or taking further action against Doguwa.
On Monday, the Presiding Judge, Justice Mohammad Yunusa, declared jurisdiction to hear and grant the N500 million bail on exparte application on the embattled majority leader of the House of Representatives.
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.
In an affidavit submitted before the court, 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. As contained in the affidavits, the applicant’s lawyer had insisted the incarceration of his client by the Chief Magistrate was null and void and unconstitutional because a lower court lacks the competence to trial criminal charges.
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.