The Federal High Court sitting in Kano has awarded the dethroned Emir of Kano, Alhaji Aminu Ado Bayero, the sum of N10,000,000 for the breach of his fundamental rights, personal liberty, and freedom of movement.
Delivering judgement on the matter, the presiding judge, Justice Simon Amobeda, ruled that it was wrong for the Kano state governor to order Bayero’s arrest without lawful justification.
Justice Amobeda described the order given by Kano State Governor, Abba Yusuf for the arrest of Aminu Bayero as unlawful and that which has forced the applicant into house arrest for fear of been arrested..…CONTINUE READING
The respondents in the suit are the Attorney General of the Federation as 1st respondent, Attorney General of Kano State (2nd), Nigeria Police Force (3rd), IGP (4th), Commissioner of Police in Kano (5th), DSS (6th), NSCDC (7th), Nigerian Army (8th), Nigerian Airforce and Nigerian Navy as 9th and 10th respondents respectively.
The Judge however, restrained the 2nd, 3rd, 4th and 5th from arresting, detaining, threatening, intimidating, harassing the Applicant or further interfering with the Applicant’s fundamental rights.
The judgement reads: “That, the act of the Governor of Kano State in directing the Police to arrest the Applicant without any lawful justification is a threatened breach of the fundamental right to Liberty of the Applicant guaranteed under Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“That, the act of the Governor of Kano State in directing the police to arrest the Applicant without any lawful justification, which directive has forced the Applicant into house arrest, preventing him from going freely about his lawful business, constitutes a flagrant violation of his fundamental right to freedom of movement as guaranteed under Section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“That the 2nd, 3rd, 4th and 5th Respondents are either by themselves, their agents, servants, privies, or any other person or authority forthwith restrained from arresting, detaining, threatening, intimidating, harassing the Applicant or further interfering with the Applicant’s fundamental rights.
“That the 2nd Respondent and the Government of Kano State shall pay to the Applicant the sum of N10,000,000.00 (Ten Million Naira) only for the breach and likely breach of the Applicants fundamental rights to personal liberty and freedom of movement guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“The prayer for the cost of filing and prosecuting this suit is refused, the amount having not been specifically pleaded and strictly proved,” Justice Amobeda however ordered.
