Kaduna State High Court 9 presided by Hon. Justice Esther
Lolo, Monday asked Governor Nasir Ahmed El-Rufai of Kaduna state to pay N50,000
as fine to one Barrister Gloria Mabeiam Ballason in suit nos KDH/KAD/164/17
between her and the governor. The court also restrained the governor from arresting,
prosecuting and jailing the young lawyer for expressing her published opinion
in a Nigerian newspaper.
The case which was first mentioned on 1st March, 2017 was
filed by the Applicant’s Lagos- based lawyers, Messrs Matthew Burkaa & Co.
Ballason had an array of prominent lawyers numbering 36.
They include tough Human Rights Lawyer, Festus Okoye Esq, the Chairman Nigeria
Bar Association, (NBA), Kaduna Branch, Ndasule Sherrif Esq, B.L. Aliyu Esq,
Reuben James Esq (Former 3rd national Vice President of the NBA), Mark Jacob (
Former Attorney General of Kaduna State), Timothy Kambai Esq, Mike Nwakanma
Esq, Sule Shuaibu Esq, James Kanyip Esq, M.T. Mohammed Esq , Bavo Nyan Esq et
al.
According to her lawyers, Mallam Nasir El-Rufai, the
Governor of Kaduna State had threatened to arrest and prosecute Gloria for her
civic activities including an opinion article she wrote on November 28th, 2016
in her column in the Blueprint Newspaper.
The threat, the court was told, was issued on 17th January,
2017 by the governor at the Kaduna State Government House when the President of
the Nigerian Bar, A.B. Mahmud SAN and his team including the Applicant paid an
official visit to the Governor.
In her ruling, Justice Lolo found that contrary to the
governor’s denial, that indeed a threat had been issued, “which would put any
reasonable person who understands the authority of a governor in fear.”
The Court found that there was a likelihood of a breach of
Right to life under section 33 of the constituting of the Federal Republic of
Nigeria, 1999. She also affirmed that there has been an infringement of the
dignity of the Applicant under section 34 of the 1999 constitution.
She also ruled that there was a breach to the right of
freedom of expression of the applicant and the Press under section 39 of the
199 constitution. The Court found that the article was also not injurious and
ordered the governor not to arrest the applicant on the basis of same.
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