A Kano state high court has granted an exparte motion seeking leave to commence an Order of Mandamus that will compel the Kano State Attorney General to file murder charges against the Minority Leader of the House of Representatives, Alhassan Ado Doguwa.
Recall that Doguwa was arrested and charged before a magistrates’ court over allegation of masterminding the alleged killing and burning of properties at Tudunwada LGA during the February 25 presidential and National Assembly elections.
He was however granted bail by a state high court following an application for the enforcement of his fundamental human rights wherein the court held that the magistrates’ court, which ordered Doguwa’s remand, does not have the jurisdiction to entertain the culpable homicide charge the police preferred against him.
Following his release, civil society organisations in the state have alleged that the state government was unwilling to file charges against the federal lawmaker being a member of the ruling All Progressives Congress (APC).
Worried about the delay in the progress of the case, a retired Chief Magistrate in the state, Muntari Garba Dandago, sought the permission of the state high court to apply for an order of mandamus seeking to compel Kano State Attorney General, Musa Abdullahi Lawan to immediately file a charge against Doguwa and other alleged conspirators.
The applicant approached the court through his counsel, Barrister Y.I Shariff with the ex-parte motion supported with a 19 paragraphs of affidavit duly sworn to by applicant.
Ruling on the ex-parte order, Justice Maryam Sabo has ordered that “Leave is hereby granted to the Applicant to apply for the issuance of an order of mandamus against the respondent, that is Attorney General of Kano State, compelling him to exercise his power under section 211 of the Constitution of Federal Republic of Nigeria (as amended) to immediately file a charge against Doguwa and his conspirators for the offences of criminal conspiracy, culpable homicide, mischief, incitement of public disturbance and possession of firearms before a court of competent jurisdiction.”
The court adjourned the case to May 12, 2023 for the hearing of the motion on notice.
While reacting to the development, Kano state Attorney General, Musa Abdullahi Lawan, said the state government has nothing to hide with the case involving the lawmaker, adding that as soon as the case file is returned to the Ministry, necessary actions would be taken.
Lawan explained that after the police sent the initial case file to his office, it was observed that the investigation had not been concluded.
“They alleged culpable homicide and there were no medical report among other things and we returned the case file to them so as to enable them to complete their investigation. Along the line we learnt that the Inspector General of Police have taken over the investigation by detailing an Assistant Inspector General of Police to take over the investigation,” the AG told Daily Trust.
He said it was not correct as being reported by some sections of the media (Daily Trust not included) that the court had already ordered his office to prefer charges against the lawmaker, adding that what transpired at the court was just the granting of a leave to commence the process of securing the Order of Mandamus.
