The Federal High Court in Kano has adjourned till May 23 to rule on an application by the police challenging the bail granted by the court to the Majority Leader of the House of Representatives, Alhassan Ado Doguwa, who was charged with “culpable homicide, criminal conspiracy, unlawful possession of firearm, inciting disturbance and public disturbance.”
Justice Mohammad Yunusa adjourned for ruling after taking arguments from counsel for the police, A.D. Saleh, and Doguwa’s lawyer, Nurieni Jimoh (SAN).
The police had in March come after the federal lawmaker representing Doguwa/Tudun-Wada Federal Constituency of Kano over allegations that he had a hand in the killing of some members of the opposition New Nigeria People’s Party in Tudun-Wada constituency during the February 18 National Assembly election.
Doguwa was first taken before a magistrates’ court, which gave an order for his remand in the prison custody.
He later, through his counsel, filed a fundamental rights suit before Justice Mohammad Yunusa of the Federal High Court , challenging the remand order on the grounds that the magistrates’ court has no jurisdiction to try the charges pressed against him.
Ruling on his ex parte application on March 6, Justice Yunusa admitted Doguwa to bail in the sum of N500,000.
In his argument, the senior lawyer argued that the magistrates’ court that ordered the detention of his client in prison lacked the jurisdiction to either remand, detain or grant the release of Doguwa based on the kind of allegations brought against him.
Jimoh said the police in their counter-affidavit had agreed that the magistrates’ court lacked jurisdiction, adding that the Inspector-General of Police Monitoring Unit had taken over the investigation of the case.
But the police, which are displeased with the bail granted to Doguwa, are urging Justice Yunusa to dismiss Doguwa’s fundamental rights suit, praying the court to restrain security agencies from “arresting, harassing and intimidating” him.
Saleh prayed the court to dismiss Doguwa’s fundamental rights suit for lack of competence and merit.
According to him, the jurisdiction of magistrates’ court was of no concern since Doguwa was only taken there for proceedings on the First Information Report, as allowed under Section 295 of the Administration of Criminal Justice 2019.
Saleh said he found it strange that Doguwa would file an application challenging the jurisdiction of the magistrates’ court before the Federal High court rather than before the magistrates’ court itself.
After hearing both parties, Justice Yunusa adjourned till May 23 for ruling.