From Desmond Mgboh, Kano
A Federal High Court sitting in Kano, yesterday, has admitted it has jurisdiction to hear and grant bail to the Majority Leader of House of Representatives, Alhassan Ado Doguwa.
The court, presided by Muhammad Yinusa, declared that the prosecution of the All Progressives Congress (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, Yunisa said 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 a citizen reserved the right to approach a higher court to enforce his fundamental human rights as is provided for by the provision of Section 46 (1) of the Nigeria constitution.
He said Doguwa 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 rights as guaranteed by the constitution.
The prosecution had deposed that the police possessed the statutory duty to investigate any related case on criminal conspiracy while adding that such a step does not amount to an infringement of the fundamental rights of the citizen.