On Tuesday, a Federal High Court in Kano set the date of September 22 for ruling on a fundamental right enforcement suit brought forth by former Governor Abdullahi Ganduje.
Earlier, on July 7, the court had issued a restraining order against the Kano State Public Complaints and Anti-corruption Commission (KNPCACC), the Nigeria Police, and six others. This order prevented them from inviting or arresting Ganduje or any of his appointees pending the determination of the substantive originating motion.
The ex-governor had filed an exparte motion on fundamental rights enforcement through his lawyer, Matthew Burkaa (SAN). In his application, he sought the court’s intervention to restrain the PCACC from arresting, investigating, or inviting him for questioning regarding a viral video that allegedly showed him receiving and stuffing dollars into his clothing.
The respondents in the suit included the KNPCACC, police, Inspector-General of Police, Commissioner of Police in Kano State, the Department of State Service (DSS), Nigeria Security and Civil Defence Corps (NSCDC), Attorney General of the Federation, and Attorney-General of Kano state.
During the hearing, Ganduje’s legal team submitted a further affidavit in response to the counter affidavit filed by the respondents. The fundamental right suit aims to safeguard the former governor’s rights while also seeking protection for his family members and political appointees.
Burkaa said: “My Lord we are not saying Ganduje should not be invited or investigated, but rather do it according to law.”
The PCACC counsel, Femi Falana (SAN), told the court that the applicant’s immunity expired on May 29.
He said: “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.”
Falana said the court cannot protect the names of those who are not before the court.
“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 added.
He, therefore, urged the court to dismiss the order granted the applicant.
