Politics
Federal Court Declares Charges Against Ado Doguwa Unconstitutional
The constitutionality of Culpable Homicide charges, along with Criminal Conspiracy Prosecution, against the House of Representatives Majority Leader, Alhassan Ado Doguwa, has been deemed unconstitutional by a Federal High Court in Kano.
Justice Mohammad Yunusa, the Presiding Judge of the Court, announced on Monday that the court has jurisdiction to hear the case and grant a N500 million bail on an exparte application for the embattled majority leader of the House of Representatives.
The judgement was delivered in response to a motion on notice filed by Doguwa, who argued against the violation of his fundamental rights and unlawful detention by the lower court. Justice Yunusa stated that the Chief Magistrate Court did not possess the authority to preside over any charges related to criminal conspiracy.
In addition, Justice Yunusa referred to Section 251 (1) of the law, which specifically confers jurisdiction upon the Federal court to handle cases involving firearms, as stated in the charges brought against Doguwa.
While emphasizing that granting bail to Doguwa did not aim to impede the ongoing trial, Justice Yunusa emphasized the importance of adhering to due process.
An affidavit presented to the court by Doguwa’s lawyer, Nureini Jimoh, a Senior Advocate of Nigeria, requested the protection of his client’s fundamental rights as provided by the constitution and other lawful provisions.
According to the Senior Advocate of Nigeria, Nureini Jimoh, Doguwa was unlawfully detained by the police, which violated his right to liberty and freedom as protected by various provisions of the 1999 constitution, as amended.
The affidavits presented by Doguwa’s lawyer asserted that the Chief Magistrate’s imprisonment of his client was null, void, and unconstitutional due to the lower court’s lack of competence to handle criminal charges.
Dissatisfied with the order of the court setting Doguwa free, the prosecution counsel AB Saleh had queried the jurisdiction of the Federal high court to exercise the orders, insisting the action of Justice Yunusa amounted to gross abuse of court process.
The prosecution, in his 26 paragraphs counter-affidavits, maintained that police possess a statutory duty to investigate any related case on a criminal conspiracy for any period of time adding that such action does not constitute any infringement of the fundamental right of the citizen.
In his Judgement, Justice Yunusa declared that citizens reserved the right under the provisions of section 46 (1) of the 1999 constitution as amended to approach any high court to challenge an attempt or breach of his or her fundamental right.
While acknowledging the provisions of the law that specifically mention the state high court as the appropriate venue to challenge offenses related to fundamental rights, Justice Yunusa clarified that both the state and federal high courts possess concurrent jurisdiction to address matters concerning fundamental rights.
Justice Yunusa further elaborated that Doguwa should not have been detained in a correctional facility in the first instance since he was not arraigned and formally charged.
The judge stated that the police’s argument regarding a holding charge before the lower court was not recognized by the constitution of the country.
Consequently, the court approved the application, thereby issuing an order that restrains the police from arresting, harassing, detaining, or taking any further action against Doguwa.
Governor Dauda Lawal of Zamfara State has explained that the persistent crisis and legal disputes within the Peoples Democratic Party compelled him to defect to the All Progressives Congress.
The governor’s defection was formally announced on Monday by his deputy, Mani Mummuni, after a stakeholders’ meeting held at the Government House in Gusau.
In a statement issued by the governor’s spokesperson, Sulaiman Bala Idris, the move was described as a necessary step taken in the interest of the state and supported by political stakeholders across Zamfara.
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According to the statement, Governor Lawal had remained committed to the PDP despite the ongoing leadership crisis and had made several efforts to reconcile factions within the party.
However, attempts to achieve peace and unity reportedly failed, leading to prolonged legal battles.
The development followed a judgment by the Court of Appeal in Abuja, which dismissed an appeal filed by the PDP challenging an earlier ruling of the Federal High Court.
The earlier judgment had restrained the Independent National Electoral Commission from recognising the outcome of the party’s national convention held in Ibadan, Oyo State.
The governor was said to have informed political stakeholders during a series of meetings that he would make a final decision about his political future after the appellate court delivered its ruling.
Following the judgment, Lawal concluded that joining the APC would better position him to continue what he described as the “Zamfara Rescue and Rebuild Mission.”
His defection marks a significant shift in the political landscape of Zamfara State and could influence political alignments ahead of the 2027 general elections.
The Court of Appeal in Abuja has handed a significant setback to Ondo State Governor Lucky Aiyedatiwa, dismissing his appeal challenging a Federal High Court ruling that questioned his eligibility to contest the upcoming governorship election.
A three-member panel delivered a unanimous judgment on Monday, affirming that the trial court acted correctly when it allowed Dr Akindele Egbuwalo, the plaintiff, to amend his originating summons.
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Justice Uchechukwu Onyemenam, who read the lead judgment, said the governor failed to show that the High Court’s decision caused any miscarriage of justice or denied him a fair hearing.
The appeal was therefore dismissed for lacking merit, and the court awarded ₦2 million in costs against Aiyedatiwa.
The ruling reinforces the November 24, 2025, Federal High Court decision in Akure, which granted Egbuwalo permission to challenge Aiyedatiwa’s eligibility for re-election.
Earlier, the Court of Appeal also rejected an application by Aiyedatiwa to set aside a January 27, 2026, order staying proceedings in the case before the Federal High Court.
The appellate court clarified that the stay was a lawful exercise of its jurisdiction aimed at protecting the integrity of the proceedings.
The panel further emphasized that attempting to overturn its own order would be akin to sitting on appeal over its own decision.
The governor’s remaining option, the court noted, is to challenge the ruling at the Supreme Court. Another ₦2 million in costs was awarded against Aiyedatiwa.
The crisis rocking the Peoples Democratic Party has deepened following a ruling by the Court of Appeal in Abuja which upheld a ban on the party’s proposed national convention in Ibadan, Oyo State.
A three-man panel of the appellate court on Monday dismissed an appeal filed by a faction of the party led by former Minister of Special Duties, Kabiru Turaki, challenging the jurisdiction of the Federal High Court to hear a suit concerning the controversial convention.
The Turaki-led faction had approached the Court of Appeal after a Federal High Court barred the party from holding its planned national convention scheduled for November 14 and 15, 2025.
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The lower court also restrained the Independent National Electoral Commission from recognising or validating the proposed convention.
However, delivering judgment, the appellate court ruled that the Federal High Court had the authority to entertain the case, rejecting the argument that the matter was purely an internal affair of the party.
According to the court, the appellants could not present what it described as a clear violation of the party’s constitution and the Constitution of the Federal Republic of Nigeria as merely an internal party issue.
The panel subsequently dismissed the appeal and awarded a cost of N2 million against the appellants.
The ruling is part of judgments delivered in nine harmonised appeals filed by the Turaki-led faction over the dispute surrounding the convention.
The latest court decision is expected to further intensify the internal wrangling within the opposition party as it continues to grapple with leadership disputes and preparations ahead of the 2027 general elections.
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