Abba Yusuf Loses In Court Again (WHAT HAPPENED)

Abba Yusuf Loses In Court Again (WHAT HAPPENED)

The directive issued by Governor Abba Yusuf of Kano State to reassess the legal advice concerning the alleged murder case involving Rep Alhassan Doguwa (APC-Kano) was nullified by the Federal High Court (FHC) in Abuja on Friday.

Justice Donatus Okorowo, in his judgment, not only declared the governor’s directive invalid but also awarded N25 million in damages against Governor Yusuf for causing psychological harm and injury to Doguwa.

Alhassan Doguwa

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In addition, Justice Okorowo issued a perpetual injunction, preventing the respondents from further infringing upon the fundamental rights of the applicant.

The case revolves around the arrest of Rep Alhassan Doguwa at Mallam Aminu Kano International Airport on February 28 while boarding a flight to Abuja. The police accused him of leading thugs to set ablaze the secretariat of the New Nigeria People’s Party in Kano, resulting in two deaths.

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Despite Doguwa’s denial of wrongdoing, he was arraigned in March, remanded in prison, and later granted bail by FHC, Kano. However, the charges were withdrawn due to insufficient evidence. Concerned about a potential re-arrest, Doguwa filed a fresh suit seeking the enforcement of his fundamental rights in the Federal High Court, Abuja.

In response, Governor Yusuf and the Attorney-General argued that Doguwa was wanted in Kano for an allegation of homicide, emphasizing emerging facts that needed investigation. Doguwa’s lawyer, Afam Osigwe, countered this argument, citing a police report that allegedly cleared his client of any wrongdoing.

Justice Okorowo, in delivering the judgment, concurred with Doguwa, pointing out that the governor and the Attorney-General planned to review the same offense for which the lawmaker was previously exonerated. He emphasized that while the Attorney-General has the power to review cases, the court will not allow constitutional means to be employed for unconstitutional purposes. The judge asserted that the attempt to re-arrest Doguwa violated 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.

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