The Kano Division of the Federal High Court on Tuesday fixed September 22 to deliver judgment on a fundamental right enforcement suit filed by the former governor of the state, Abdullahi Ganduje.
On July 7, the court restrained the Kano State Public Complaints and Anti-corruption Commission (KNPCACC), Nigeria Police and six others from inviting, harassing or arresting Mr Ganduje, his family or any of his appointees who served under his administration, pending the hearing and determination of the substantive originating motion.
Mr Ganduje, through his counsel, Matthew Burkaa, SAN, filed a motion exparte, dated July 7, on fundamental rights enforcement procedure Rules 2009 under Section 46 of the 1999 Constitution of the Federal Republic of Nigeria as amended.
The applicant is seeking the court to restrain PCACC from arresting, investigating and inviting him over the alleged bribe dollar video.
The respondents are the KNPCACC, Nigeria Police, Inspector-General of Police, Commissioner of Police Kano State, State Security Services and Nigeria Security and Civil Defence Corps.
Others are the Attorney General of the Federation and the Attorney General of Kano state.
When the case came up for hearing, Mr Burkaa filed a further affidavit in response to the respondents counter affidavit.
He said the fundamental right suit was to protect Mr Ganduje’s rights 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 law,” Mr Burkaa said.
Counsel to the PCACC, Femi Falana SAN, told the court that the applicant’s immunity had expired on May 29.
“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 the court,” he said.
Mr Falana said the court cannot protect the names of those not before the court.
“This court has no jurisdiction; this is a gaging suit,” said Mr Falana. “The PCACC invited the applicant to investigate alleged N1 billion theft. Therefore, if you are invited you must honour the invitation.”
He, therefore, urged the court to dismiss the exparte it earlier granted the applicant.
Counsel to Nigeria Police, Sunday Ekwe, and counsel to the SSS, IB Bulus, aligned themselves with the first respondent.
Counsel to Attorney General of Kano, Khalifa Hashim, filed a three paragraph counter affidavit dated July 19, praying the court to dismiss the exparte.
Justice A M Liman adjourned the matter to September 22 for judgment.