The Abuja Division of the Federal High Court, on Tuesday, restrained the Governor of Kano State, Abba Yusuf, and the state’s attorney-general (A-G) from re-arresting or detaining Rep Alhassan Doguwa pending the hearing and determination of the substantive suit.
Justice Donatus Okorowo gave the order following an oral application by Mr Doguwa’s counsel, Afam Osigwe, SAN, to that effect.
Mr Doguwa, through his lawyer, had filed a suit marked: FHC/ABJ/CS/831/23 to seek for an order enforcing its fundamental rights.
In the matter, the lawmaker, who represents Doguwa/Tundun Wada Federal Constituency of Kano State in the House of Representatives, sued the Attorney-General of the Federation (AGF), the Inspector-General (I-G) of Police, the executive governor of Kano State and the A-G as 1st to 4th defendants respectively.
In a motion ex-parte earlier moved by Mr Osigwe on June 20, Mr Doguwa sought the protection of the court against alleged plan by the state government to rearrest and detain him in connection with the electoral violence which resulted in murder of many during the presidential and national assembly elections leading to the death of some people in the state.
Justice Okorowo had ordered the parties in the suit to maintain status pending the hearing and determination of the substantive matter.
Although the judge did not grant all the prayers sought, he ordered Mr Doguwa to put the defendants on notice for them to show cause why his prayers should not be granted in the next adjourned date.
Upon resumed hearing on Tuesday, Mr Osigwe informed the court that the 3rd and 4th defendants (governor and the A-G) served with their processes around 2pm on Monday.
He indicated his interest to respond to issues raised by the state government.
The lawyer, who sought for a short adjournment, prayed the court to extend its earlier order made on June 20 for parties to maintain status quo pending the hearing and determination of the substantive suit.
But M. K. Umar, who appeared for the governor and the A-G disagreed with Osigwe on his oral application for the extension of the order.
Mr Umar argued that in compliance with the order of the court to show cause why Doguwa’s prayers should not be granted, they had filed necessary processes.
“Furthermore, we have also reacted to the applicant’s substantive motion.
“In the circumstance, we will be craving for the indulgence of this honourable court to order accelerated hearing in this matter because we have already joined issues in this matter my lord,” he said.
Responding, Osigwe told the court that Umar’s reaction had confirmed their fear of what the state government planned against his client.
He argued that once parties had submitted themselves to court, they should respect the court by staying all actions until the court decides which way, citing a Supreme Court decision to back his argument.
“The Supreme Court says irrespective of whether an injunctive order has been made, parties should submit themselves to the decision of the court,” he said.
He prayed the court for an undertaking from the state’s counsel.
Mr Umar then assured the judge that the state government would not take further step during the pendency of the case in court.
In a short ruling, Mr Okorowo, who noted the undertaking made by Mr Umar, directed parties to maintain status quo pending the hearing and determination of the main matter.
He adjourned the matter until July 14 for hearing.
Though Mr Doguwa was in court, the AGF and I-G were not represented in court.
(NAN)
