Majority Leader of the House of Representatives, Alhassan Ado Doguwa, is on trial for alleged homicide, and his bail application is being challenged by the Kano State Police Command.
The police urged Justice Mohammad Yunusa to dismiss the bail application to ensure Doguwa is brought to justice, The Guardian reports.
The prosecution counsel raised the concern, yesterday, at the hearing of a fundamental right application filed by the lawmaker.
Justice Yunusa, last March, granted an ex parte application on fundamental rights with N500 million for the release of Doguwa from a correctional facility, where a Kano Magistrate Court remanded him.
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Doguwa was arrested by the police and arraigned on five counts bordering on culpable homicide, criminal conspiracy, unlawful possession of a firearm and public disturbance.
The lawmaker representing Doguwa/Tudun-Wada federal constituency of Kano was accused of killing members of the opposition New Nigeria Peoples Party (NNPP) in Tudun-Wada constituency during the February 25 Presidential and National Assembly elections.
During the hearing, Doguwa’s counsel, Nurieni Jimoh (SAN), filed originating motion on notice of 23 paragraphs before Justice Yunusa, seeking to restrain the police from the further arrest of his client.
In his argument, the senior advocate argued that the magistrate court, which ordered the detention of his client, lacked the jurisdiction to remand, detain or grant the release of Doguwa based on the account of allegations brought against him.
Jimoh further told the court that since the police, in their counter-affidavit, agreed that the magistrate court assumed matters above its jurisdiction, the police lacked the right to challenge the jurisdiction of the Federal High Court on the matter.
He informed the court that Doguwa’s alleged criminal charges had been taken over by the Inspector General of Police (IGP) Monitoring Unit for thorough investigation, and asked counsel to the police commissioner in Kano to realign his processes with those of the IGP team.
Although, Jimoh could not substantiate his claim with credible evidence, he pledged to maintain his oath of truthfulness at the temple of justice.
In a counter-argument, counsel to the CP insisted the application of Doguwa should be disregarded for lack of competence and merit. He noted that the jurisdiction of the magistrate court was of no concern, since Doguwa was only arraigned for proceedings of the First Information Report (FIR) allowed under Section 295 of the Administration of Criminal Justice Act 2019.
Yunusa adjourned the matter till May 23, 2023 for ruling on the defendant’s application.