From Desmond Mgboh, Kano
A Federal High Court sitting in Kano, Monday, admitted that it had jurisdiction to hear and grant bail to the Majority Leader of the House of Representatives, Alhassan Ado Doguwa.
The court, presided by Justice Muhammad Yinusa declared that the prosecution of the APC chieftain over alleged culpable homicide and criminal conspiracy by a Kano Chief Magistrate Court was unconstitutional.
In his judgment on the motion on notice filed by the applicant against his detention, Justice Yunisa stated that the Chief Magistrate Court lacked the competence to hear cases of criminal conspiracy while citing Section 251() of the Constitution, which grants the Federal High Court the right to entertain cases of firearms
He said that a citizen reserved the right to approach a higher court to enforce his fundamental human right as is provided for by the provision of Section 46 (1) of the Nigeria constitution.
He held that Alhassan ought not to have been remanded in a correctional facility because he was not properly arraigned and charged.
In the affidavit deposed to by the applicant, the APC chieftain had prayed the court to enforce his fundamental human right as guaranteed by the constitution of the Federal Republic of Nigeria.
The prosecution in its counter affidavit had deposed that the police possessed the statutory duty to investigate any related case on criminal conspiracy for a period of time , while adding that such a step does not amount to an infringement of the fundamental right of the citizen .