…declares practice of holding charge as illegal

By Bashir Bello

A Federal High Court sitting in Kano has on Monday ruled in favour of the Majority Leader, House of Representatives, Alhassan Ado Doguwa, declaring the practice of holding charges against him as illegal and not recognized by the Nigerian constitution.

Recall that Doguwa was arrested by the Kano police command and brought before a Magistrate court on five offences contained in a First Information Report (FIR) bothering on criminal conspiracy, culpable homicide, unlawful possession of fire arms, mischief and incitement of public disturbance.

The Magistrate court however remanded the Federal lawmaker in the Goron Dutse prison facility for six days but midway to the remand, Doguwa through his counsel, Bar. Nureini Jimoh SAN filed an exparte application on enforcement of fundamental right before the Federal High Court and was granted bail of N500 million.

In a judgment delivered on Monday, Justice Mohammad Yunusa said the Magistrate Court lacks the jurisdiction to entertain culpable homicide and other criminal conspiracy filed against Doguwa.

According to him, “the arrest, detention and taking of the applicant before the Chief Magistrate court is not a court of competent jurisdiction by the constitution of the Federal Republic of Nigeria.

“The 2nd respondent (Magistrate Court) is hereby restricted from taking any further step in the suit as well as FIR for purpose of determining the competence and jurisdiction to trial the FIR before the Magistrate Court on culpable homicide and possession of firearms.

“The 1st respondent (Police) is hereby ordered to expedite actions to complete the process of investigation so that a formal charge sheet can be filed while a criminal case is established.

“Relief number six is granted as the practice of holding charge is illegal and annulled from the Nigerian legal system,” Justice Yunusa said.

Justice Yunusa equally cited section 251 (1) which exclusively granted the Federal court jurisdiction to hear case on firearm as contain in the charges filed against Doguwa. Although, the judge  emphasized that granting Doguwa bail was not meant to prevent him from trial but insisted that due process must be followed.

Recall Doguwa through his counsel, Bar. Nureini Jimoh SAN, sought the enforcement of fundamental right of his client as guaranteed by the constitution and other lawful charter.