Osigwe told the court that Umar’s reaction confirmed their fear of what Kano State Government planned against Doguwa.
By Jeffrey Agbo
Justice Donatus Okorowo of a Federal High Court in Abuja has restrained Kano State Governor Abba Yusuf, and the state’s attorney-general (AG) from re-arresting or detaining Rep. Alhassan Doguwa pending the hearing and determination of a substantive suit.
Okorowo, on Tuesday, re-stated the order following an oral application by Doguwa’s counsel, Afam Osigwe, to that effect.
In the substantive suit, Doguwa seeks an order enforcing his fundamental rights.
In the matter, the lawmaker, who represents Doguwa/Tundun Wada Federal Constituency of Kano State in the House of Representatives, sued the Attorney-General of the Federation (AGF), the Inspector-General (IG) of Police, the executive governor of Kano State and the AG as 1st to 4th defendants respectively.
In a motion ex-parte earlier moved by Osigwe on June 20, Doguwa sought the protection of the court against alleged plan by the state government to re-arrest and detain him in connection with the electoral violence that ensued during the presidential and National Assembly elections leading to the death of some people in the state.
Justice Okorowo had ordered the parties in the suit to maintain status pending the hearing and determination of the substantive matter.
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Although the judge did not grant all the prayers sought, he ordered Doguwa to put the defendants on notice for them to show cause why his prayers should not be granted in the next adjourned date.
Upon resumed hearing on Tuesday, Osigwe informed the court that the 3rd and 4th defendants (governor and the A-G) served him with their processes around 2pm on Monday.
He indicated his interest to respond to issues raised by the state government.
The lawyer, who sought for a short adjournment, prayed the court to extend its earlier order made on June 20 for parties to maintain status quo pending the hearing and determination of the substantive suit.
But M. K. Umar, who appeared for the governor and the AG, disagreed with Osigwe on his oral application for the extension of the order.
Umar argued that in compliance with the order of the court to show cause why Doguwa’s prayers should not be granted, they had filed necessary processes.
“Furthermore, we have also reacted to the applicant’s substantive motion.
“In this circumstance, we will be craving for the indulgence of this honourable court to order accelerated hearing in this matter because we have already joined issues in this matter, my lord,” he said.
Responding, Osigwe told the court that Umar’s reaction confirmed their fear of what Kano State Government planned against Doguwa.
He argued that once parties had submitted themselves to court, they should respect the court by staying all actions until the court decides which way, citing a Supreme Court decision to back his argument.
He prayed the court for an undertaking from the state’s counsel.
Umar then assured the judge that the state government would not take further step during the pendency of the case in court.
In a short ruling, Justice Okorowo, who noted the undertaking made by Umar, directed parties to maintain status quo pending the hearing and determination of the main matter.
He adjourned the matter until July 14 for hearing.