Friday, June 14, 2024 -A Federal High Court sitting in Kano, has ordered Kano State Government to pay the sum of N10 million as compensation for breaching the 15th Emir of Kano, Aminu Bayero’s fundamental human right.
The presiding judge, Justice Simon Amobeda
gave the order while delivering the judgment in the case instituted by Aminu
Bayero seeking for the enforcement of his fundamental human rights.
Justice Amobeda described the order given
by Kano State Governor, Abba Yusuf, for the arrest of Aminu Bayero as unlawful
as it has forced the applicant into house arrest for fear of being arrested.
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 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."
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