Northern Nigerian Breaking News

Kaduna Businessman Gana, Loses Breach Of Fundamental Rights Case

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By Talatu Bala

A Kaduna High Court has struck out a case of alleged breach of fundamental rights brought before it by a business man, Alhaji Umaru Gana and  Environmental Engineering Construction Nig .Ltd.

Gana and the Company were challenging their invitation by the Police following a case of criminal Breach of trust, cheating, and issuance of dud cheques lodged against them by Wing Comdr. Tukur Lawan Fage

Gana was said to have issued dud cheques valued at #30,000,000 and #77,500.000 to Gadawur Global Investment Ltd for the executed contract.

In his affidavit, Gana said the contract over which the cheques were issued was purely civil in nature devoid of crime and that his life was under a serious threat and his fundamental right about to be violated by the Police at the instance of the respondents including those he issued the dud cheques.

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However, counsel to the Respondents, Barrister, Kabir Mohammed told the Court that the application by Gana challenging the invitation was brought with the aim of shielding him from Prosecution and therefore urged the Court to decline the application.

He stated that not every detention amounts to a breach of the fundamental right of a citizen and that the Applicants were only invited by the Police and not arrested.

In a ruling, Justice E.Y. B Lolo said the law as it stands, only a singular person can apply for enforcement of their right and not multiple persons.

The Judge also noted that the 2nd Applicant in the matter is a limited Company adding that he was puzzled by that.

“I am not aware that in the enforcement of fundamental rights a juristic person is envisaged to possess those rights by the framers of the said law”.

For this reason, therefore, the Judge ruled that the application as constituted is incompetent and accordingly struck out.

However, counsel to the Applicants, Barrister I.H Mohammed said they would appeal against the ruling.

Other Respondents were Wing Commander Tukur Lawan Fage RTD, Abayomi Balogun, SQN Ldr. Sani Dabo rtd, and Kaduna State Commissioner of Police

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