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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However, the charges were withdrawn after the prosecution said it could not “find sufficient evidence to link Doguwa with the said offences.”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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Court Adjourns Nafiu Gombe’s Suit Challenging Mark’s Leadership of ADC

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By Yusuf Danjuma Yunusa

The Federal High Court in Abuja on Wednesday adjourned a suit filed by Nafiu-Bala Gombe against Sen. David Mark-led leadership of the African Democratic Congress (ADC), until June 8 for hearing.

Justice Peter Lifu adjourned the case after Gombe’s lawyer, Robert Emukpoeruo, SAN, applied for an adjournment following the absence of counsel to parties seeking to join the suit in court.

When the case was called, only the Independent National Electoral Commission, INEC, and parties seeking joinder were not represented in court.

Although it was confirmed from the court record that INEC was duly served with hearing notice, parties seeking to join were not served.

Counsel to ADC, Shaibu Aruwa, SAN, called the attention of the court to the history of the suit in relation to parties applying for joinder.

He said the former trial judge, Justice Emeka Nwite, had taken judicial notice of them in the previous proceedings.

Aruwa, therefore, urged the court to accord the parties seeking joinder the same respect to come and say why they needed to be joined in the interest of fair hearing.

Besides, he said issues had already been joined with the parties seeking to join the case, and that the plaintiff was in the know.

Responding, Emukpoeruo gave a titbit about the Supreme Court judgement which ordered for an accelerated hearing of the case, in line with the earlier Appeal Court judgement.

The lawyer, who applied that all pending processes be filed and served, sought an adjournment to give the parties seeking to join the leverage for fair hearing.

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ADC’s counsel, Aruwa; Suleiman Usman, SAN, who appeared for Sen. David Mark; Realwan Okpanachi, who represented Ogbeni Rauf Aregbesola and P. I. Oyewole, lawyer to Chief Ralp Nwosu, did not oppose the application for adjournment.

The defence counsel however informed the court that the attitude of the plaintiff, in applying for the reassignment of the case when the matter was before Justice Nwite, had allegedly frustrated the order of accelerated hearing of the apex court.

But Justice Lifu, who said that nobody has the right to choose which court his case should be determined, said based on the directive of the chief judge who assigned the case to him and the Supreme Court decision for accelerated hearing, he was bound to do justice to the matter.

The judge said the court would take the full responsibility for inability to effect service of the hearing notices on the parties seeking to join the suit.

He subsequently adjourned the matter until June 8 for hearing.

Justice Lifu, who ordered accelerated hearing of the case, directed the bailiff of the court to serve all the parties seeking to be joined in the suit within 24 hours of the order.

“In the circumstances of this case and overall interest of justice and order of the Supreme Court and the Appeal Court, this case is hereby given accelerated hearing,” he said.

He ordered all the parties to file and serve all their processes before the next adjourned date.

The aggrieved former National Deputy Chairman of ADC, Nafiu Bala, had filed the suit marked: FHC/ABJ/CS/1819/2025.

The plaintiff, in the suit, is seeking an order restraining Mark, the embattled National Chairman of ADC; Aregbesola, the National Secretary, and members of their interim National Working Committee (NWC) from parading themselves as the party’s leaders.

He had argued that the emergence of Mark, Aregbesola and other NWC members as party’s leaders breached the provisions of the party’s constitution and the Electoral Act.

Gombe had sued ADC, Mark, Aregbesola, Independent National Electoral Commission (INEC) and Ralph Nwosu as 1st to 5th defendants respectively in the suit.

Nwosu was the former ADC National Chairman who stepped down for David Mark leadership of the party.

The former Vice President Atiku Abubakar emerged as ADC presidential candidate on May 27 after defeating two other aspirants, including Rotimi Amaechi, former Minister of Transportation, at the party’s national convention.

Also, Dumebi Kachikwu, in a national convention conducted by another faction of ADC, emerged the presidential candidate of the party for the 2027 general election.

The 2023 presidential candidate of the party was adopted by factional members of the party as sole presidential candidate on May 24.

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Court Sentences Four to Death over Owo Church Massacre

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By Yusuf Danjuma Yunusa

The Abuja Federal High Court on Wednesday sentenced four members of the Al-Shabaab terrorist group to death by hanging for their involvement in the June 5, 2022, attack on St. Francis Catholic Church, Owo, Ondo State, which left more than 40 worshippers dead and over 100 others injured.

The trial judge, Justice Emeka Nwite, made the declaration after convicting Idris Abdulmalik Omeiza, 25; Al Qasim Idris, 20; Jamiu Abdulmalik, 26; and Abdulhaleem Idris, 25, on a nine-count terrorism charge filed by the Department of State Services on behalf of the Federal Government.

The court, however, discharged and acquitted the fifth defendant, Momoh Otuho Abubakar, 47, after finding insufficient evidence linking him to the terrorist attack.

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In the judgment, Justice Nwite held that the prosecution successfully established the guilt of the four convicts beyond reasonable doubt, noting that the evidence before the court clearly showed that they were members of, and active participants in, the activities of the terrorist group responsible for the deadly church attack.

The court found that the convicts were principal members of an Al-Shabaab terrorist cell operating in Kogi State and that they took part in the assault on the church during a Pentecost service.

According to the prosecution, the attackers stormed the church, held worshippers hostage, and unleashed violence that resulted in massive casualties and destruction.

They were said to have used improvised explosive devices and AK-47 rifles in attacking furtherance of their extremist religious ideology.

To establish its case, the prosecution called 11 witnesses and tendered 23 exhibits, including confessional statements and a digital forensic examination report.

Among the exhibits admitted by the court was a technophone device alleged to contain communications exchanged by the defendants before and after the attack.

One of the prosecution witnesses, a Catholic priest who survived the incident, gave a chilling account of how the assailants detonated at least three explosive devices inside the church, triggering panic and bloodshed among worshippers.

Justice Nwite held that the totality of the evidence presented by the prosecution firmly linked the four convicts to the attack and justified their conviction on the terrorism charges.

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Insecurity:Sack Service Chiefs, Pastor Adeboye Urges FG

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By Yusuf Danjuma Yunusa

The General Overseer of the Redeemed Christian Church of God, Pastor Enoch Adeboye, has urged the federal government to give Nigeria’s security chiefs a 90-day deadline to eliminate terrorists across the country or resign from office.

Adeboye made the call in a video shared on X on Tuesday in which he expressed concern over the country’s security situation and urged authorities to act swiftly against those responsible for the violence.

Addressing the government, the cleric said security chiefs should be held accountable for delivering results in the fight against terrorism.

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“If I were asked to make suggestions, I would say quietly to our government, ‘Move fast and tell our security chiefs, get rid of these terrorists within 90 days or resign,” he said.

The cleric also called on the government to go beyond targeting terrorists and focus on those financing and supporting their activities.

“When giving orders to the service chiefs this time around, we should make it clear to them that they are not only to eliminate the terrorists; they should eliminate their sponsors, no matter how influential they may be,” he added.

Adeboye recalled advising a former Nigerian president to issue a similar ultimatum to security chiefs in the past, noting that although the directive was given, it was not fully enforced when the deadline elapsed.

According to him, the experience underscored the need for stronger political will and strict enforcement of directives aimed at ending insecurity.

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