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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However, the charges were withdrawn after the prosecution said it could not “find sufficient evidence to link Doguwa with the said offences.”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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Increased FAAC Allocation Most Visible Impact of Petrol Subsidy Removal, Presidency Replies Atiku

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By Yusuf Danjuma Yunusa

The presidency says the most visible impact of the petrol subsidy removal is the increased allocation for states and local government areas (LGAs) in the country.

In a statement on Sunday, Bayo Onanuga, special adviser on information & strategy to President Bola Tinubu, responded to the recent comment of former Vice-President Atiku Abubakar on the petrol subsidy removal policy.

Atiku said Nigerians deserve explanation on the petrol subsidy savings, adding that it is false to say the savings are being used to fund workers’ welfare.

His statement followed the comment by Taiwo Oyedele, minister of finance and coordinating minister of the economy, that the federal government will soon publish a detailed account of how savings from the removal of petrol subsidy has been utilised.

According to the minister, a significant portion of the savings went into financing obligations that were previously funded through central bank financing, servicing higher debt costs following tighter monetary conditions, and implementing the new national minimum wage.

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Onanuga said prior to the assumption of office by Tinubu’s administration, international institutions have called for the removal of petrol subsidy.

The spokesperson said Nigerians were suffering when resources were being used to pay “fuel-subsidy merchants”.

He added that the government in which Atiku served from 1999 to 2007, did not stop the payment of petrol subsidy.

Onanuga said increased revenue allocation has made states and LGAs to raise spending on infrastructure and salaries.

“It must be said that the government in which Alhaji Atiku was Vice President waded through that toxic phenomenon, and never did the needful,” Onanuga said.

“The current administration deserves commendation for being able to get rid of something that has become a lodestone around the neck of our collective patrimony.

“The visible consequence of subsidy removal has been the sharp improvement in revenues accruing to states and local governments through the Federation Account.

“Higher statutory allocations have expanded fiscal space at the subnational level, enabling many states to increase spending on roads, schools, hospitals, salaries, pensions, and social programmes. Independent assessments, including those from the World Bank, have noted improvements in public revenues and subnational capital spending, which is another word for infrastructural development, following major fiscal reforms.

“This means that President Tinubu has tactically placed more responsibility for socioeconomic development on states and local governments, while providing requisite funding.

“This is true federalism and a bold statement on the much-vaunted subject of economic restructuring – another important issue gallantly avoided by the government in which Alhaji Atiku served and wielded great influence.”

Tinubu announced the removal of petrol subsidy during his inaugural speech as president in 2023.

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Abducted Kebbi High Court Judge Regains Freedom

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By Yusuf Danjuma Yunusa

The police confirmed the release of Justice Faruk Hassan Bunza, a judge of the Kebbi State High Court, who was abducted from his residence in the Bunza council area.

Bandits abducted Mr Bunza from his residence on July 26.

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A statement on Monday by Bashir Usman, the command’s spokesman, said the judge’s family and the state ministry of justice confirmed his freedom.

“His release has been confirmed by his family and the State Ministry of Justice. Although the kidnappers made a ransom demand, the command maintains its firm stance against ransom payments,” he said.

He stated that with Mr Bunza now released, police and other security agencies had intensified investigative efforts to track down the perpetrators and bring them to justice.

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Dangote Cement Deepens Education Support In Kogi

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Dangote Cement Plc, Obajana Plant, has deepened its social footprint by distributing educational materials in Lokoja, the Kogi State capital.

General Manager, Social Performance Department, Dangote Cement, Obajana Plant, Ademola Adeyemi, described it as an extension of the company’s Corporate Social Responsibility (CSR) schemes.

According to him, the Lokoja educational intervention came days after Dangote Cement Plc distributed similar education materials to pupils in public schools in its catchment communities of Oyo, Iwaa, Obajana and Apata; and commissioned a multi-million-naira hospital in Obajana,which added to the growing list of social investments that includes an earlier hospital project in Iwaa and Oyo Communities.

He noted that while, over the years, the company has invested billions of naira in a wide range of social programmes for host communities, including empowerment programmes, road construction, and potable water projects, it remains resolute in its commitment to sustaining and expanding its interventions.

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He noted that the company’s corporate social responsibility programmes are aligned with government development priorities and are implemented through sustained, mutually beneficial partnerships.

A statement from the company and made available to newsmen in Lokoja said: “The educational materials distributed included school bags, exercise books, writing materials, water bottles, and other essential learning aids aimed at enhancing the learning experience of the pupils and preparing them for the next academic session.”

It said:” The intervention was informed by findings from a needs assessment conducted by Dangote Cement Plc. During the assessment, it was observed that several pupils attended school without school bags, while others carried their books by hand. It was also discovered that many students lacked essential learning materials such as exercise books, pens, pencils, and other basic learning materials.”

Speaking, Head Teacher of UBE LGEA School, St. Luke Model II, Adankolo, Lokoja Local Government Area, Abubakar Sanni, expressed profound appreciation to the management of Dangote Cement Plc for the gesture.

The Head Teacher expressed gratitude to the Group President of the conglomerate, Aliko Dangote, for extending the company’s educational support programme beyond its host and impacted communities to schools located at the state headquarters.

The beneficiaries, school management, parents, and community stakeholders expressed gratitude to Dangote Cement Plc for the timely intervention and prayed for the continued growth and success of the company in its efforts to improve lives and support sustainable community development.

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