Federal High Court in Kano State yesterday ordered the state government to pay the dethroned Emir of Kano, Alhaji Aminu Ado Bayero, N10 million for breaching his fundamental rights, personal liberty and freedom of movement.
The court, presided over by Justice Simon Amobeda, held that it was wrong for the governor to order Bayero’s arrest without lawful justification, which he said forced the applicant into house arrest for fear of being arrested. The court, therefore, granted the deposed emir his right of movement and freedom to civil liberty.
Governor Abba Yusuf had on May 25 ordered the arrest of Bayero, following his return to the state two days after he was dethroned.
The governor had alleged that the deposed emir returned to claim the palace and was creating unrest in the state.
Bayero then went to court to seek his fundamental right in suit no EHC/KN/CN/190/2024.
Respondents in the case include the attorney-general of the federation (first respondent), attorney-general of Kano state (second), Nigeria Police Force (third), Inspector-General of Police (fourth), Commissioner of Police, Kano Command (fifth), State Security Service (sixth).
Other respondents are NSCDC (seventh respondent), Nigerian Army (eighth), Nigerian Navy (ninth) and Nigerian Air Force (10th respondent).
The court restrained the second, third, fourth and fifth respondents either by themselves, their agents, servants, privies or any other person or authority, from arresting, detaining or harassing the applicant (Bayero) forthwith or further interfering with his fundamental rights.
“The act of the governor of Kano State in directing the police to arrest the applicant without lawful justification is a threatened breach of his fundamental right to liberty guaranteed under Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
”The act of the governor of Kano State in directing the police to arrest the applicant without 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).
“The second respondent (Kano State attorney-general) and the government of Kano State shall pay to the applicant (Bayero), N10,000,000.00 for the breach and likely breach of his fundamental rights to personal liberty and freedom of movement guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as altered),” the judge said.
The court, however, refused the prayer for the cost of filing and prosecuting the suit, “the amount having not been specifically pleaded and strictly proved.”
