Dollar Videos: Court fixes date to deliver judgment on Ganduje’s suit
A Federal High Court sitting in Kano State has scheduled September 22 to deliver judgement on the case filed by former Kano State Governor, Abdullahi Ganduje, stopping the Kano State Public Complaints and Anti-Corruption Commission from investigating him.
SOLACEBASE had reported that the former governor had approached the court seeking the court to restrain the Kano State Public Complaint and Anti-Corruption Commission, PCACC and 7 other respondents from arresting, inviting, investigating, detaining or forcefully taking over his properties, his family members and all political appointees who served under his administration.
The anti-graft agency had invited Ganduje over the result of the forensic investigation of dollar videos where he was alleged to have collected bribe to the tune of $5m.
The presiding judge, Justice A. M. Liman granted an exparte order, restraining all respondents from further action, pending the hearing and determination of originating motion on notice, on July 25th, Tuesday.
At the resumed hearing of the court on Tuesday for hearing of the originating motion on notice, Counsel to the Applicant, Matthew Burkaa, SAN said he brought his application on behalf of the Applicant, pursuant to Fundamental Rights Enforcement Procedure Rules, 2009 and section 46 of the Constitution of Federal Republic of Nigeria, 1999 as amended.
Burkaa said the Fundamental Rights suit was to protect the Right of Ganduje, his family members and that of all appointees.
He explained that the applicant is not challenging his investigation but insisting that should be done according to the law and laid down procedure.
He said Nigerians are all bounded by International Treaties and Constitution which is the norms and value.
He said the constitution exist to protect strong and the weak, stressing that court is the last hope of every citizen.
“My Lord this suit is subjudice, they should wait till the end of their investigation before embarking on action.
“This case is not about the Video clips and alleged N1 Billion Naira against the Applicant but instituted to enforce his fundamental human rights,” Burkaa stated.
He urged the court to uphold his submissions and grant all the reliefs sought.
In his response, the Counsel to the Kano State Public Complaint and Anti-Corruption Commission, (1st Respondent) Femi Falana, SAN, said the Applicant’s immunity has expired on 29th May, 2023.
He argued that the suit is of Public Interest litigation rather than individual.
He argued that the Applicant wanted to use the order to protect himself and the parties that are not properly before the court.
Falana stressed that the court cannot protect the names of those who are not before the court.
He described the suit as a gaging suit.
“The Court shouldn’t protect the Applicant gaging suit to allow the respondents perform their statutory duty,” Falana said.
He prayed the Court to dismiss the suit and all the reliefs by Ganduje.
On their part, counsel to Nigeria Police and Commissioner of Police Kano, SP Sunday O Ekwe supported and aligned himself to the submissions of Femi Falana.
Similarly on his submission, Counsel to the Kano state Attorney General, Barrister Khalifa Hashim, supported all the submissions of Femi Falana and urged the court to dismiss the exparte order it earlier granted.
The presiding judge, Justice A. M. Liman, however, adjourned the matter until 22nd September, 2023, for judgment.
The respondents in the suit were: Kano state Public Complaint and Anti-Corruption Commission, Nigeria Police, Inspector-General of Police, Commissioner of Police Kano State, State Security Services and Nigeria Security and Civil Defence Corps.
Others are, Attorney General of the Federation and Attorney General of Kano State