June 14, (THEWILL) – The Federal High Court in Kano has ordered the State Government to pay a total of N10m in damages to the dethroned Emir of Kano, Alhaji Aminu Ado Bayero, over the breach of his fundamental rights, personal liberty, and freedom of movement.
The order followed a fundamental rights suit filed by Ado-Bayero through his counsel, M. L. Yusufari, SAN. The motion ex parte dated May 27, prayed the court to restrain the State Government from arresting, intimidating or infringing on his rights.
Respondents in the suit include the Attorney General of the Federation, Attorney General of Kano, Nigeria Police, Inspector General of Police, Commissioner of Police in Kano, State Security Service, Nigeria Security and Civil Defence Corps, Nigeria Army, Nigerian Navy and Nigerian Airforce.
Delivering judgment on Friday, Justice Simon Amobeda described the order given by Gov. Abba Kabir Yusuf, directing the police to arrest the 15th emir without any lawful justification as a threat to his fundamental rights guaranteed under Section 35(1) of the 1999 Constitution (as amended).
“The act of the Governor 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 1999 Constitution,” the court held.
It further restrained the 2nd, 3rd, 4th and 5th respondents either by themselves, their agents, servants, privies, or any other person from arresting, detaining, threatening, intimidating and harassing the applicant or further interfering with the applicant’s fundamental rights.
“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 added.
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