A’Court Affirms Judgement Freeing Kano Reps, Doguwa of Homicide Charges

Alex Enumah in Abuja 

The Abuja Division of the Court of Appeal has affirmed the judgement of a Federal High Court which discharged and acquitted a member of the House of Representatives, Alhassan Ado Doguwa, from alleged culpable homicide charges.

A three-member panel of justices of the appellate court led by Justice Adebukola Banjoko, affirmed the trial court’s decision shortly after dismissing the appeal filed by the Kano State Government for lacking in merit.

Recall that a Federal High Court in Abuja, had in its judgement, agreed with the lawmaker that the charges amounted to defamation of character and restrained the government from arresting, detaining, and prosecuting him.

Besides, the trial court had ordered the ordered the respondent to pay the lawmaker N25 million as damages.

Dissatisfied, the respondent appealed the judgement and prayed the appellate court to hold that the trial court erred in law when it arrived at the conclusion that Doguwa was innocent of the charges.

The appellant in addition prayed the Court of Appeal to set aside the discharge and acquittal of the Reps member as well as the fine of N25 million.

However, the appellate court in its judgement held that there was no merit in the appeal and subsequently dismissed it.

Reacting, Doguwa described the judgement as a testimony of the country’s excellent and reliable judicial system. 

“Of course, for an individual to win a case against a desperate state government like that of Kano is proof that Nigeria’s judiciary remains the only hope of a common man. 

“We appreciate Allah SWT for once again vindicating me and absolving me from the mischief of my political opponents. I want to urge my people, especially at the constituency level, to celebrate this victory by thanking Allah SWT and avoid a breach of law and order.

“I have also accepted all that happened during this judicial tussle as an act of GOD—and taking it as an opportunity to prepare me for the greater leadership challenge coming ahead,” he said.

It would be recall that Justice Donatus Okorowo of a Federal High Court in Abuja, had last December cleared Doguwa of the alleged murder charge.

Delivering judgement in the suit marked: FHC/ABJ/ABJ/CS/714/2019, the court barred the state government from arresting, detaining and prosecuting the law maker, saying the offences created under Sections 126 and 128 of the Electoral Act, 2022 being a federal offence, had been duly investigated by the police, and Mr Doguwa had been exonerated.

The court declared that the threat by the Kano State Governor “to arrest, detain prosecute and or actual arrest, detention and or prosecution of the applicant is illegal, unlawful, wrongful, unconstitutional, null and void and it is an infraction of the applicant’s Fundamental Right to Dignity, Personal Liberty and Freedom of Movement.

The judge observed that the fracas which led to the allegations against Doguwa arose from a political crisis that occurred on February 26, 2023 in the Tudun Local Government Area and that it found that Mr Doguwa was wrongly accused of the offences committed on that day.

According to the judge, there were sufficient evidence, including confessional statement and real evidence as contained in the case file, to conclude that the NNPP supporters blocked the main road to prevent results from reaching the collation centre. 

Besides, the court noted that the 9th-12th suspects confessed to having committed the offence and that the 1st and 2nd deceased persons were among the suspects who set the fire on the street.

The judge subsequently awarded N25 million against the Kano state government for causing psychological pain to Mr Doguwa and ruled as illegal any further attempt to arrest him.