Court Fixes Judgement Date on Ganduje’s Rights Suit against Anti-graft Agency
Justice A M Liman of a Federal High Court, sitting in Kano, yesterday, adjourned the alleged dollar video case involving the immediate-past governor of Kano State, Abdullahi Umar Ganduje, to September 22, for judgment on his fundamental human rights.
The court on July 7, restrained PCACC, Nigeria Police and six others from inviting, harassing, arresting, Ganduje, family or any of his appointees, who served under his administration, pending the hearing and determination of substantive Originating Motion.
But Ganduje through his counsel, Matthew Burkaa SAN, had filed a Motion Exparte dated July 7, on fundamental rights enforcement procedure rules 2009 under section 46 of the 1999 Constitution as amended.
The applicant was seeking the court to restrain PCACC from arresting, investigating and inviting him over the alleged dollar video.
The respondents are Kano State Public Complaint and Anti-Corruption Commission, Nigeria Police, Inspector-General of Police, Commissioner of Police Kano State, State Security Services and Nigeria Security, Civil Defence Corps, Attorney General of the Federation and Attorney General of Kano State.
When the case came up for hearing yesterday, Counsel to the applicant, Matthew Burkaa SAN, filed a further affidavit in response of the respondents’ counter affidavit.
According to him, the fundamental right suit was to protect the right of Ganduje and also sought to protect his family members and political appointees.
“My Lord we are not saying Ganduje should not be invited or investigated but rather do it according to the law,” he said.
Counsel to the PCACC, Femi Falana, SAN, told the court that the applicant’s immunity as the governor of Kano State, had expired on May 29, 2023.
“We have filed 23 paragraph counter affidavit, four exhibits and a written address as our argument. This case is a public interest litigation not personal. The applicant wants to use the order to protect his reputation and protect parties that are not before court,” he stated.
Falana, who further stated that the court could not protect the names of those who were not before the court, said, “This court has no jurisdiction. This is a gaging suit. The PCACC invited the applicant to investigate alleged N1 billion theft. Therefore if you are invited, you must honour the invitation,” Falana said.
He then asked the court to dismiss the exparte it earlier granted the applicant, while counsel to Nigeria Police, Mr Sunday Ekwe and Counsel to the DSS, Mr I B Bulus, aligned themselves with Counsel to the first respondent.
Counsel to Attorney General of Kano, Mr Khalifa Hashim, filed a three paragraph counter affidavit dated July 19 and urged the court to dismiss the exparte.
In his ruling, Justice A M Liman, adjourned the matter until September 22 for judgment.
