A Federal High Court in Abuja has restrained Kano State Governor, Malam Abba Yusuf, and the state’s Attorney-General from re-arresting or detaining Hon. Alhassan Doguwa, lawmaker representing Doguwa/Tundun Wada federal constituency.
Justice Donatus Okorowo restated the order following an oral application by Doguwa’s counsel, Afam Osigwe on Tuesday.
On 28th February, Doguwa was arrested at the Mallam Aminu Kano International Airport, while boarding a flight to Abuja.
The police had said they received a report that he led thugs to set ablaze the secretariat of the ruling New Nigeria Peoples Party (NNPP) in Kano. Two persons were said to have died in the incident.
Although the legislator denied any wrongdoing, he was arraigned in March at a Magistrate’s court in Kano and was later remanded in prison.
He was granted N500 million bail by a Federal High Court after a few days in prison.
However, the charges were withdrawn after the prosecution said it could not “find sufficient evidence to link Doguwa with the said offences”.
Doguwa subsequently filed a suit seeking an order enforcing his fundamental rights.
The Attorney General of the Federation, the Inspector General of Police, the Governor of Kano State and the state’s Attorney General were joined as first to fourth defendants.
In a motion ex-parte moved by Osigwe on 20th June, Doguwa sought the protection of the court against an alleged plan by the state government to rearrest and detain him.
The judge had ordered parties in the suit to maintain status quo pending the hearing and determination of the substantive matter.
Although the judge did not grant all the prayers sought, he ordered Doguwa to put the defendants on notice for them to show cause why his prayers should not be granted on the next adjourned date.
At the resumed hearing on Tuesday, Osigwe informed the court that the third and fourth defendants (Governor and the AG) served them with their processes around 2 pm on Monday.
While seeking an adjournment to enable him file an appropriate response, Osigwe prayed the court to extend its earlier order for parties to maintain the status quo.
However, M. K. Umar, who appeared for the Governor and the AG, disagreed with the applicant’s oral application, and instead, prayed the court to order an accelerated hearing of the substantive suit.
Responding, Osigwe told the court that Umar’s reaction had confirmed their fear of what the state government allegedly planned against his client.
“The Supreme Court says irrespective of whether an injunctive order has been made, parties should submit themselves to the decision of the court”, he said.
He prayed the court for an undertaking from the state counsel.
Umar assured the judge that the state government would not take further steps during the pendency of the case in court.
In a short ruling, Justice Okorowo noted the undertaking made by Umar and directed parties to maintain status quo pending the hearing and determination of the main matter.
He adjourned the matter until 14th July for hearing.
