A Kano State High Court presided over by Justice Maryam Sabo has granted permission to a Kano Retired Chief Magistrate, Muntari Garba Dandago to apply for an order of mandamus seeking to compel Kano State Attorney General, Musa Abdullahi Lawan to immediately file a charge against Majority Leader of the Federal House of Representatives, Alhassan Ado Doguwa and his conspirators over alleged culpable homicide.
An Order of Mandamus is a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.
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The Court gave the order upon an ex parte application by Counsel to the Applicant, Barrister Y.I Shariff
The motion ex parte which contained 19 paragraphs of affidavit in support was duly sworn to by Applicant himself, dated 5th April, 2023 and the written address filed by the Applicant Counsel, dated 10th April, 2023.
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Delivering a ruling on the motion, Justice Sabo upheld that ” Leave is hereby granted to the Applicant to apply for the issuance of an order of mandamus against the respondent, that is Attorney General of Kano State, compelling him to exercise his power under section 211 of the Constitution of Federal Republic of Nigeria (as amended) to immediately file a charge against Doguwa and his conspirators for the offences of criminal conspiracy, culpable homicide, mischief, incitement of public disturbance and possession of firearms before a court of competent jurisdiction.”
The Court adjourned the case to 12th May 2023 for the hearing of the motion on notice.
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However when contacted, Kano State Attorney General, Musa Abdullahi to comment on the development, he said Kano State Ministry for Justice is still waiting for Nigeria Police to complete their investigation and bring back the case file.
“The Police has written to the ministry officials that the IGP has taken over the investigation and already assigned a special team headed by AIG from Headquarters to conduct the investigation over the incident”.
