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.
A Political Adviser to President Bola Tinubu, Ibrahim Kabiru Masari, has dismissed former Vice President Atiku Abubakar’s ambition to contest the 2027 presidential election, describing it as a joke.
Masari made the remark while addressing members of the Jigawa State Academics Forum.
SEE MORE: ‘A Nation Cannot Escape the Bill’ — Atiku Questions Tinubu’s Third UNGA Absence
According to him, Atiku’s political ambition would not be achieved through what he described as desperation, insisting that the former vice president was aware of the situation.
“Even Atiku himself knows he is just joking and kidding,” Masari said.
The presidential aide also described the All Progressives Congress (APC) as the dominant political party in the country and framed the 2027 election as a choice between continuing the Tinubu administration’s programmes and returning to the opposition.
Masari highlighted infrastructure development, economic diversification, security and poverty reduction as areas the Tinubu administration was prioritising.
He also commended the Jigawa State Academics Forum for endorsing President Tinubu and Governor Umar Namadi for another term.
On education, Masari said the Federal Government was giving the sector priority, adding that the university academic calendar had stabilised and students were benefiting from federal student loans.
His comments come as political parties and opposition figures intensify preparations for the 2027 general election.
Nasarawa State Governor, Abdullahi Sule, has said the Independent National Electoral Commission (INEC) should be questioned if there were any irregularities in the conduct of the 2023 presidential election.
Sule made the remarks during an appearance on Mic On Podcast, hosted by Seun Okinbaloye, an Arise TV anchor, while responding to questions about allegations surrounding the 2023 presidential election and INEC’s handling of the process.
The governor noted that INEC was the body that conducted and declared the election, saying: “INEC declared that I won the election in 2023. INEC that determined the election.”
SEE ALSO: 2027: Tinubu Has Done Enough Good To Win Re-Election — Gov Sule
Speaking about claims that both Labour Party’s Peter Obi and former Vice President Atiku Abubakar believed they won the 2023 presidential election, Sule questioned how the APC could have manipulated the election against both candidates.
He said: “So who won the election between Peter Obi and Atiku? Take President Asiwaju out. So who now rigged each other between the PDP and then the Labour Party? Because you are saying that Peter Obi said he won, Atiku said he won—”
On concerns over glitches on INEC’s Result Viewing (IReV) portal during the presidential election and allegations that “something fishy” may have happened, Sule said INEC should provide answers if there were any irregularities.
He stated: “Well, if something fishy went down, it is INEC herself that would be asked that question.”
Sule also referred to subsequent elections conducted under the current INEC leadership, including the Osun and Anambra governorship elections.
According to him, APC lost the Osun election without similar complaints, while the All Progressives Grand Alliance (APGA) won in Anambra.
He said: “You know, and so far, all the elections… he held the election in Osun, and they didn’t say there was anything wrong with that one, because APC lost. We had an election in Anambra, there was no problem about that one, because APGA won.”
“You know, so it is anywhere APC won now that there is a problem. It doesn’t… life doesn’t work that way.” the governor added.
Human rights lawyer and lead counsel to the Indigenous People of Biafra (IPOB), Ifeanyi Ejiofor, has urged President Bola Ahmed Tinubu to take preventive measures to protect former Anambra State governor and 2027 presidential candidate Peter Obi.
Ejiofor raised concerns over Obi’s safety ahead of the 2027 general elections, warning that any harm to the presidential candidate could have serious consequences for Nigeria’s political and democratic environment.
READ MORE: 2027: Peter Obi ‘Unfit’ To Govern Nigeria — Onanuga Declares
In a statement issued in Abuja, Ejiofor said Obi’s recent expression of concern about his personal safety should not be dismissed as ordinary political rhetoric.
He said when a presidential candidate publicly expresses uncertainty about his safety ahead of an election, the appropriate response should be “vigilance, sober inquiry and preventive action.”
“Nothing must happen to Obi,” Ejiofor said, calling on Tinubu to act now to protect the former Anambra governor and the democratic space.
The lawyer also cited recent developments surrounding the 2027 political season, including Obi’s complaints about difficulties faced by opposition politicians campaigning in some states and the controversy surrounding the obstruction of his convoy during a visit to Benue State.
According to Ejiofor, the circumstances require greater attention from government institutions, security agencies, political parties and other stakeholders.
He warned that if anything happened to Obi, the consequences could extend beyond the individual and potentially affect Nigeria’s already delicate electoral environment.
“If anything should happen to Peter Obi—God forbid!—the consequences would extend far beyond the individual concerned,” he said, describing the possible consequences as “disastrous and devastating.”
Ejiofor urged the Federal Government, security agencies, the Independent National Electoral Commission (INEC), political parties and state authorities to ensure that presidential candidates can campaign peacefully and that voters can freely hear competing political views.
He also called for political disagreements to be settled through the ballot and the law rather than intimidation, coercion or violence.
“Prevention is wiser than mourning,” Ejiofor said, stressing that Nigeria should not wait for a tragedy before taking steps to address concerns surrounding the 2027 political environment.
He further appealed for an electoral atmosphere where every legitimate contestant can campaign, political parties can organise peacefully and citizens can freely listen to and support candidates of their choice.
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