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Alleged homicide: Magistrate Court lacks jurisdiction to entertain Doguwa’s case – Justice Yunusa
The Federal high court, sitting in Kano presided over by Justice Muhammad Yunusa on Monday declared jurisdiction to hear and grant the N500 million bail on exparte application on the embattled majority leader of the House of Representatives Alhassan Ado Doguwa.
KANO FOCUS reports that the court declared the culpable homicide and other charges include criminal conspiracy prosecution against Doguwa before the Kano chief Magistrate unconstitutional.
Delivering judgement on the motion on notice filed by Doguwa against his fundamental right and unlawful detention by the lower court, Justice Yunusa held that chief Magistrate court lack the jurisdiction to preside over any charge bordering over criminal conspiracy.
Justice Yunusa equally cited section 251 (1) which exclusively granted the Federal court jurisdiction to hear case on firearm as contain in the charges filed against Doguwa. Although, the judge emphasized that granting Doguwa bail was not meant to prevent him from trial, Justice Yunusa insisted that due process must be followed.
In an affidavits submitted before the court, Doguwa through his attorney, Nureini Jimoh, Senior Advocate of Nigeria, sought the enforcement of fundamental right of his client as guaranteed by the constitution and other lawful charter.
The senior lawyer claimed that Doguwa was detained by the police unlawfully and against his right to liberty and freedom as allowed under several provisions of the 1999 constitution as amended.
As contained in the affidavits, the applicant lawyer, had insisted the incarceration of his client by the Chief Magistrate was null and void and unconstitutional because lower court lack the competence to trial criminal charges.
Dissatisfied with order of the court setting Doguwa free, the prosecution counsel AB Saleh had queried the jurisdiction of the Federal high court to exercise the orders, insisted the action of Justice Yunusa amounted to gross abuse of court process.
The prosecution, in his 26 paragraphs counter-affidavits, maintained that police possess statutory duty to investigate any related case on criminal conspiracy for any period of time adding that such action does not constitute any infringement to fundamental right of the citizen.
In his Judgement, Justice Yunusa declared that citizens reserved the right under the provisions of section 46 (1) of the 1999 constitution as amended to approach any high court to challenge attempt or breach of he or her fundamental right.
Although, Justice Yunusa admitted the provisions of the law which specifically mention the state high court within which offenses on fundamental right can be challenged, he however revealed that both State and Federal high share concurrent jurisdiction to hear matters on fundamental right.
Justice explained the Doguwa ought not to be remanded in the correctional facility in the first place because he was not arraigned and properly charge, adding that police argument on holding charge before the lower court was not recognized by the constitution of the land.
The court therefore granted the application of the applicant, restraining the police from arresting, harassing, detaining or taken further action against Doguwa.
Headlines
Kano insist on holding Tijjjaniyyya Maulid on Saturday, accuses police of disrupting annual event
Nasiru Yusuf Ibrahim
The Kano State Government has alleged that the police attempted to obstruct an annual religious event.
KANO FOCUS reports that the state Commissioner for Information and Internal Affairs, Ibrahim Waiya, refuted earlier claims made by the police that suspected terrorists were planning to target public gatherings in major locations across the state.
Speaking to journalists at the Emir’s Palace on Friday evening, Waiya criticised the police for what he described as an unjustified blockade of the venue for the National Tijjaniyya Maulud, a religious event that has been held annually for 39 years.
He stated, “Kano State, as a historical centre of Islamic scholarship and religious harmony, remains committed to upholding and supporting activities that promote peace, unity, and spiritual growth.”
“This action is not only unnecessary but also unjustified, as there has been no report of any security threat in Kano State that would warrant such an extreme measure. The presence of security operatives at the venue of this significant religious activity is unwarranted and unacceptable.”
He affirmed that, despite the police’s actions, the Maulud would go ahead as planned at Kofar Mata Stadium. He assured attendees that the state government was committed to ensuring the event proceeded without any disruptions.
He stated, “The National Tijjaniyya Maulud will be held as planned from 8:00 AM at Kofar Mata Stadium. This religious gathering is organized by a legitimately registered and recognized body, and any attempt to obstruct it would be a violation of the citizens’ right to lawful assembly and religious practice in Nigeria.”
He called on the federal government to withdraw its security agencies from the venue immediately, stressing that Kofar Mata Stadium belonged to the state.
“There is no justification for any external force to obstruct a legitimate religious gathering. “Kano State has always been a beacon of peace and religious tolerance, and we will not accept any form of intimidation or undue interference in our internal affairs,” he said.
Earlier on Friday, the police warn Kano residents of possible terrorist attacks in public gatherings in strategic locations within the state.
United Nations Children Education Find (UNICEF) has urged the Kano state government to increase appropriation release on education, adding that this would help in reducing out-of-school children bedeviling the state.
KANO FOCUS reports that Rahama Rihood Mohammed Farah, Chief of UNICEF Field Office Kano, made the appeal at a press conference marking this year’s International Day of Education in Kano on Friday.
UNICEF pointed out that the northwest region has the second-highest rates of children out of school, and the situation is worsened in Kano, Jigawa, and Katsina states, where even children who are enrolled in school are facing poor learning outcomes.
“There are currently about 10.2 million children at the primary level are out of school in Nigeria, 16 per cent of them are from Kano, Jigawa and Katsina states, according to MICS 2021.
“Close to one million children are out of school in Kano state( 989,234); a total of 337,861 out of school children are in Jigawa, while Katsina state has 536,112 out of school children,” Farah said, adding that 32% of primary school going age children were out of school in Kano state.
He said: “While the spectre of Out of School Children (OOSC) is a major concern, the challenge is that even those children who have the opportunity to be enrolled in school are not having quality education.
“Only 1 out of 4 children in Nigeria, aged 7-14 years can read and understand a simple sentence or solve basic arithmetic, according to the Multiple Indicator Cluster Survey (MICS 2021) report.
“Across Kano, Jigawa and Katsina states, this challenge is staggering: Tests conducted by the Federal Ministry of Education in 2022 found that Foundational Learning rates stand at 11 per cent or lower in the three states of Kano, Jigawa and Katsina.
“Although Kano figures appear better at 9.6% for reading proficiency, and 11.2% for numeracy, these figures are way lower than the national averages of 26% per cent for Reading proficiency and 25% for Numeracy respectively.”
The theme for the 2025 International Day of Education was given as: “AI and Education: Preserving Human Agency in a World of Automation.”
UNICEF said the 2025 IDE conference was organised to leverage the advocacy moment of the IDE to highlight the significance of education and its role in fostering a well-informed, inclusive, and peaceful society.
Farah mentioned inadequate funding of the education sector, dissruptive impact of climate change on learning as other challenges confronting education in the country, particularly in the north.
He said UNICEF was supporting basic education in Kano, Jigawa and Katsina states through cash transfers, tree planting campaigns, enrollment drives, supply of learning materials, building of schools and improvement of teachers’ capacities among other interventions.
The Kano state Government under the able leadership of Governor Abba Kabir Yusuf has announced it decision to revisit the abandoned trailer park projects in Kano south zonal.
The decision was announced by Gov. Abba Kabir Yusuf through his spokesperson Sanusi Bature after an unscheduled to the Dakatsalle site of one of the abandoned projects.
According to the statement, these trailer park projects were initiated by the Rabiu Kwankwaso administration in 2014 at Dakatsalle, Gundutse and Dawanau but they were abandoned the immediate past administration of Ganduje.
The Governor who lamented the rampant blockage of road by heavy duty vehicles creation unneccesary hardship to road users within the metropolis, said the decision to revive the projects particularly at Gundutse and Dakatsalle in Kano South.
“It was unpatrotic for the immediate past administration to have vandalised the third location of these projects in Dawanau, which was expected to serve Kano north but the project site has allocated plots to members of thier families and cronies.” Gov. Yusuf lamented
The Governor further stated that the reasons for resustsiting were for maintaining of safety, ease vehicular movement and economic development.
Sanusi Bature Dawakin Tofa added that the Governor has directed all relevant agencies to ensure strict compliance of road traffic and ensure that no major road is blocked by any gathering including Friday mosques within and outside the Kano city.
Similarly, the Governor has revocked all lands allocated within the two trailer parks in Kano south (Gundutse and Dakatsalle) as part of the plan to revisit the projects.
It could be recalled that the projects were handed over to National Association of Road Transport Owners (NATO) to operate after completions
Sanusi Bature DawakinTofa
Director General, Media and Publicity, Government House, Kano.
Kano insist on holding Tijjjaniyyya Maulid on Saturday, accuses police of disrupting annual event
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Kano Govt. Set to Resit Trailer Park Projects at Dakatsalle, Gundutse
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