A Kano State High Court presided over by Justice Maryam Sabo
Mni has granted permission to slam the order of Mandamus on Kano Attorney
General, Musa Abdullahi Lawal to formally charge House of Representatives
Majority Leader, Alhassan Ado Doguwa in an alleged case of murder.
The court accepted prayers of one of the State Retired Chief
Magistrate, Muntari Garba Dandago, to apply for an order of mandamus seeking to
compel Lawal to immediately file a charge against Doguwa and his other
conspirators.
It is on notice that the Order of Mandamus is a judicial
writ issued as a command to an inferior court or ordering a person to perform a
public or statutory duty.
The court gave the order upon an exparte application by
counsel to the applicant, Barrister Y.I Shariff
The motion ex parte, which contained 19 paragraphs of an
affidavit in support, was duly sworn to by the applicant himself, dated 5th
April, 2023, and the written address filed by the applicant’s counsel, dated
10th April 2023.
Delivering a ruling on the motion, Justice Sabo upheld 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
Alhassan Ado 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 12th May 2023, for the
hearing of the motion on notice.
When contacted, Abdullahi said the Kano State Ministry of
Justice is still waiting for the Nigeria Police Force to complete their
investigation and bring back the case file.
“The Police has written to the ministry officially that the
IGP has taken over investigation and already assigned a special team headed by
AIG from Headquarters to conduct the investigation over the incident,” he said.
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