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Federal High Court Nullifies Governor’s Directive on Legal Advice, Awards Damages in Doguwa Murder Case

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A Federal High Court (FHC), Abuja, on Friday, nullified the directive of Gov. Abba Yusuf of Kano State to review the state Attorney-General (A-G)’s legal advice on the alleged murder case earlier preferred against Rep Alhassan Doguwa (APC-Kano).

Justice Donatus Okorowo, in a judgment, also awarded a N25 million damages against Gov. Yusuf for causing psychological pain and damage to Doguwa.

Justice Okorowo also gave “an order of perpetual injunction, restraining the respondents from further interfering with the fundamental rights of the applicant whatsoever.”

The News Agency of Nigeria (NAN) reports that Doguwa, who represents Doguwa/Tundun Wada Federal Constituency of Kano State, was, on Feb. 28, arrested at the Mallam Aminu Kano International Airport, while boarding a flight to Abuja.

The police had said they received a report that he led thugs to set ablaze the secretariat of the New Nigeria People’s Party (NNPP) in Kano.

Two persons were said to have died in the incident.

Although the legislator denied any wrongdoing, he was arraigned in March at a magistrate court in Kano and was later remanded in prison.

He was granted bail in the sum of N500 million by a FHC, Kano after a few days in prison.

However, the charges were withdrawn after the prosecution said it could not “find sufficient evidence to link Doguwa with the said offences.”

 

But the lawmaker, through his lawyer, Afam Osigwe, SAN, filed a fresh suit marked: FHC/ABJ/CS/831/23 to seek for an order enforcing his fundamental rights before the Abuja court, following a hint about an attempt to re-arrest him.

In the suit, the lawmaker, sued the Attorney-General of the Federation (AGF), the Inspector-General (I-G) of Police, the Executive Governor of Kano State and the A-G as 1st to 4th defendants respectively.

Doguwa had sought the protection of the court against alleged plan by the state government to rearrest and detain him in connection with the electoral violence that ensued during the presidential and national assembly elections leading to the death of some people in the state.

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Justice Okorowo had, on June 20, ordered the parties in the suit to maintain status pending the hearing and determination of the substantive matter. The order followed a motion ex-parte moved by Osigwe.

But the governor and the A-G, in their counter affidavit argued by their lawyer, M. K. Umar, said that Doguwa was not being invited because of the violence that erupted during the Feb. 25 presidential and national assembly elections in Kano or on the firearm issue.

Umar said contrary Osigwe’s argument, Doguwa was wanted in Kano to answer to the allegation of homicide preferred against him by the state government.

The lawyer said there were emerging new facts which needed to be investigated and that the A-G had the power to review the case in the wake of the emerging facts.

But Osigwe disagreed with Umar, stating that the police report on the incident, attached as Exhibit 10, exonerated his client of any wrong doing.

The senior lawyer, who alleged political witch-hunt against Doguwa, said his fundamental right as enshrined in the law was threatened by the 3rd and 4th respondents.

Delivering the judgement, Justice Okorowo agreed with the plaintiff that it was the same offence which the lawmaker was exonerated that the governor and the A-G planned to review.

Quoting from the exhibit, the judge said the police (2nd resoobdent in the suit) stated that they “cannot not find sufficient evidence to link Doguwa with those offences and that the allegation that he killed the victims cannot be substantiated.”

He said while the court did not doubt the powers of the A-G to review a case, the court would not allow using a constitutional means to achieve an unconstitutional purpose.

According to the judge, the attempt to re-arrest him contravenes Section 46 of the constitution.

“It is hereby declared that the purported action of the 3rd and 4th respondents to review the legal advice dated 23rd May, 2023, and indeed the actual review of the legal advice dated May 23, 2023, with a view to arrest, detain, and prosecute the applicant on a fathom charge and without regards to the report of the 2nd respondent (I-G) is illegal, unlawful, wrongful, unconstitutional and void.

”It amounts to an infraction of the applicant’s constitutional right to human dignity, personal liberty and freedom of movement.

“An order of perpetual injunction is hereby granted restraining the respondents, themselves, and by agents, howsoever described from further inviting, arresting or detaining the applicant with a view to review the 4th respondent legal advice dated 23 May, 2023, in so far as the respondents do proffer fresh evidence against the applicant.

“An order of perpetual injunction restraining the respondents from further interfering with the fundamental rights of the applicant whatsoever.

“An order of this honourable court is hereby granted nullifying the purported 3rd respondent directive to review the fourth respondent legal advice dated May 23, 2023, with a view to arrest the applicant.

“General damages of 25 million only against the 3rd respondent only for causing the psychological pain and damage to the applicant,” the judge declared.

(NAN)

 

 

 

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ADC Criticises Tinubu’s CNG Plan, Demands Price Cap

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By Yusuf Danjuma Yunusa

The African Democratic Congress (ADC) has urgently called on the Federal Government to implement a temporary cap on petrol prices, warning that the recent surge in fuel costs is exacerbating the hardship faced by millions of Nigerian households.

In a press statement issued on Wednesday, the party’s National Publicity Secretary, Mallam Bolaji Abdullahi, acknowledged that volatility in global oil markets—spurred by the ongoing crisis in the Middle East—is contributing to the price hikes. However, the ADC argued that external factors do not justify allowing fuel prices to rise unchecked in an economy still reeling from the removal of the fuel subsidy.

“For everyday Nigerians, petrol determines the price of food, transportation, and survival. When petrol rises, everything else rises with it,” Abdullahi stated. “This is why the African Democratic Congress urges the Federal Government to take urgent action to stabilize petrol prices.”

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The party criticized the administration of President Bola Tinubu, stating that the current APC-led government must take responsibility for shielding citizens from the harshest effects of the increases. The ADC further called for the introduction of targeted palliatives specifically designed to support low-income Nigerians who are most vulnerable to the rising cost of transportation and goods.

Beyond the immediate call for a price cap, the ADC questioned the feasibility of the government’s long-term energy strategy, specifically targeting the recently announced plan to distribute 100,000 Compressed Natural Gas (CNG) conversion kits.

The party noted that with over 11 million vehicles registered in Nigeria, the proposed 100,000 kits would cover less than one percent of the nation’s vehicle fleet. Furthermore, the ADC raised concerns about the limited availability of CNG refuelling stations across the country, questioning whether the policy would have any tangible impact on the average Nigerian.

“A policy that touches only a fraction of vehicles cannot meaningfully address a national fuel crisis,” Abdullahi said. “If Nigerians cannot easily find where to refuel, then the policy risks becoming an announcement without real impact.”

The ADC urged the Federal Government to pursue a more comprehensive and credible energy strategy that reflects Nigeria’s status as an oil-producing nation.

“Nigeria is an oil-producing country, and it should not be a place where the cost of petrol repeatedly pushes millions of citizens deeper into hardship,” the statement concluded. “At a time of rising global uncertainty, protecting the welfare of citizens must remain the first duty of any government that knows what they are doing.”

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Defence Minister Tasks Service Chiefs to Visit Terror-Hit North-West and North-East

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By Yusuf Danjuma Yunusa

The Minister of Defence, Christopher Musa, has directed the nation’s service chiefs to conduct on-the-ground visits to the North-West and North-East regions to reassess and revitalize ongoing military operations against terrorists.

The directive was issued on Wednesday during a high-level security meeting convened by the minister at the headquarters of the Ministry of Defence in Abuja. The meeting was called to address the pressing security challenges plaguing the two zones.

Confirming the development to TheCable, Timothy Antigha, the Special Adviser on Media to the Minister, stated that the service chiefs are expected to embark on the visits imminently. Upon their return, they are to submit comprehensive reports detailing their findings and proposing strategic adjustments to enhance the effectiveness of military operations in the troubled regions.

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The minister’s directive follows a concerning surge in attacks by terrorist groups, who have recently intensified assaults on military installations, leading to the deaths of several personnel.

In a significant escalation on Monday, fighters from the Islamic State West Africa Province (ISWAP) overran a military facility in the Kukawa Local Government Area of Borno State, during which a commanding officer was killed.

The following day, troops in the same locality successfully repelled another early-morning assault, also attributed to ISWAP fighters, highlighting the sustained pressure on forces in the region.

This recent spate of violence includes an attempted incursion by suspected Boko Haram and ISWAP fighters on military positions in Ngoshe, Gwoza LGA, about a week prior. The Nigerian Air Force responded with air strikes in that engagement, reporting that over 50 of the suspected terrorists were neutralized.

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Court Grants PDP Permission for Out-of-Court Settlement in Convention Dispute

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By Yusuf Danjuma Yunusa

The Court of Appeal in Ibadan, Oyo State, has granted all parties involved in the legal battle over the Peoples Democratic Party (PDP) elective convention leave to pursue an out-of-court settlement.

Justice Biobele Georgewill, who led a three-man panel on Wednesday, urged the factions to prioritize a peaceful resolution in the best interest of the party. Consequently, the case has been adjourned sine die (indefinitely) to allow for the settlement process to proceed.

“This Court has granted leave for settlement in this matter,” Justice Georgewill stated. “All parties involved should be mindful of the election timetable as released by INEC. The counsel representing the various parties are in the best position to advise their clients.”

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He directed that the court be formally informed in writing of the outcome of the discussions, regardless of whether an agreement is reached. As a result, all pending motions in the case have been adjourned sine die.

The dispute stems from a leadership crisis within the party. Recall that on Monday, a separate Court of Appeal in Abuja had invalidated the party’s elective convention, which was held in Ibadan. That ruling upheld a disciplinary committee’s decision concerning certain party members.

However, the legal landscape was complex, as Justice Ladiran Akintola of the Oyo State High Court had previously validated the same convention in a ruling on a case instituted by one Folahan Adelabi, through his counsel, Musibau Adetunmbi, SAN.

In his submission on Wednesday, Justice Georgewill cautioned all parties to be conscious of the Independent National Electoral Commission’s (INEC) timetable for the 2027 general elections, implying the need for a swift resolution. All counsel present at the hearing aligned with the court’s position to pursue a peaceful settlement.

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