Alleged homicide: Court admits jurisdiction, restrains further action against Doguwa

Alhassan Ado Doguwa, the majority leader of the House of Representatives, was granted relief on Monday by a Federal High Court in Kano, which determined that the accusations brought against him were unlawful and unconstitutional.

Recall that Doguwa was detained by the Kano police command and hauled before a magistrate court on five charges from a First Information Report (FIR) involving criminal conspiracy, culpable homicide, unlawful possession of firearms, mischief, and inciting public disorder.

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.