For wrongly accusing Rep Doguwa of murder, Court awards N25 million damages against Kano govt, police

By Adeniyi Kabeer On Jun 10, 2024

Alhassan Ado Doguwa, Abba Kabir Yusuf, Police, Kano, Court, Damages — Alhassan Ado Doguwa

The Federal High Court in Abuja has awarded N25 million as damages against the Kano State Government and the police for wrongly accusing Alhassan Doguwa, a federal lawmaker of murder.

Mr Doguwa, a representative of the Doguwa/Tudun Wada Federal Constituency in the House of Representatives was accused of the murder of three people believed to be members of the then-opposition New Nigerian People’s Party (NNPP) during the 25 February 2023 general election.

Following his arraignment, Mr Doguwa, a member of the APC, accused the police and Kano State government of bias after he was arraigned as a principal actor in the fracas.

His petition led to a review of the police investigation of the incident by the police authorities.

The then-outgoing APC administration in the state dropped the police investigation and exonerated him.

But the new governor, Abba Kabir Yusuf, immediately on taking office, said his government would prosecute Mr Doguwa, whom he accused of killing over 15 people.

Mr Yusuf, a member of the NNPP, said the new administration would reopen and pursue the case to a logical conclusion.

“In the same vein, we shall investigate all cases of political violence that led to the loss of lives and properties across the state in the last eight years.

“The infamous case of Alhassan Ado Doguwa, who allegedly sponsored the maiming and murder of over 15 innocent souls in Tudun Wada Local Government, will be pursued to its logical conclusion,” the new governor said in his inaugural speech.

But Mr Doguwa sued the Attorney-General of the Federation, Inspector-General of Police, the Governor of Kano State, and the Attorney-General of Kano State over alleged infringement of his rights to dignity, liberty, and freedom of movement.

In a certified true copy of a judgement of the Federal High Court dated 5 December 2023, released last week, in suit No: FHC/ABJ/ABJ/CS/714/2019, the judge, D.U. Okorowo cleared Mr Doguwa of the murder allegation.

The court barred the state government from arresting, detaining and prosecuting him, saying the offences created under sections 126 and 128 of the Electoral Act, 2022 being a federal offence, had been duly investigated by the police, and Mr Doguwa had been exonerated.

The court declared that the threat by the Kano State Governor “to arrest, detain prosecute and or actual arrest, detention and or prosecution of the applicant is illegal, unlawful, wrongful, unconstitutional, null and void and it is an infraction of the applicant’s Fundamental Right to Dignity, Personal Liberty and Freedom of Movement.

The court said the fracas arose from a political crisis that occurred on 26 February 2023 in the Tudun Local Government Area and that it found that Mr Doguwa was wrongly accused of the offences committed on that day.

“We have found sufficient evidence, including confessional statement and real evidence as contained in the case file, to conclude that the NNPP supporters blocked the main road to prevent results from reaching the collation centre. The 9th-12th suspects confessed to having committed the offence. It’s clear that the 1st and 2nd Deceased persons were among the suspects who set the fire on the street.

“That NNPP supporters blocked the road near their party office by burning tyres, which extended into the NNPP office and got burnt. As a result, the 1st and 2nd deceased lost their lives, and many got injured,” the certified true copy of the judgement stated.

In the judgement, the judge awarded N25 million against the Kano state government for causing psychological pain to Mr Doguwa and ruled as illegal any further attempt to arrest him.

“It’s hereby declared that the threat to arrest, a threat to detain, a threat to prosecute or the actual arrest, detention and or prosecute of the applicant by the 2nd and 4th respondents at the instance of the 3rd respondent, is illegal, unlawful, wrongful, unconditional, null and void and it is an infraction of the Applicant’s Fundamental Right to Dignity, Personal Liberty and Freedom of Movement.

“It’s hereby declared that the purported action of the 3rd and 4th Respondents to review the legal advice dated 23rd May 2023 and indeed the actual review of the legal advice dated 23rd May 2023 to arrest, detain and prosecute the Applicant on a phantom charge and without regard to the report of the 2nd respondent contained in the letter with reference number CB:3510/KSX/VOL.4/200 dated 18th May 2023 and attached case diary, is illegal, unlawful wrongful, unconditional and void and amounts to an infraction of the Applicant’s Constitutional right to human dignity, personal liberty and freedom of movement.

“An order of perpetual injunction is hereby granted restraining the Respondents by themselves, or their agents, servants and privies or howsoever otherwise described from further inviting, arresting and or detaining the Applicant to review the 4th Respondent’s legal advice dated 23rd May 2023 on so far as respondents do not proffer fresh evidence against the Applicants.

“An order of this Honourable Court is hereby granted nullifying the purported 3rd Respondent’s legal advice dated 23rd May 2023 to invite, arrest and detain the applicant.

“General damages of N25 million against the 3rd respondent ONLY FOR causing psychological pain and damage to the applicant”, Mr Okorowo ruled.