A Kano State High Court presided over by Justice Maryam Sabo Mni has granted permission to slam the order of Mandamus on Kano Attorney General, Musa Abdullahi Lawal to formally charge House of Representatives Majority Leader, Alhassan Ado Doguwa in an alleged case of murder.
The court accepted prayers of one of the State Retired Chief Magistrate, Muntari Garba Dandago, to apply for an order of mandamus seeking to compel Lawal to immediately file a charge against Doguwa and his other conspirators.
It is on notice that the 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.
The court gave the order upon an exparte application by counsel to the applicant, Barrister Y.I Shariff
The motion ex parte, which contained 19 paragraphs of an affidavit in support, was duly sworn to by the applicant himself, dated 5th April, 2023, and the written address filed by the applicant’s counsel, dated 10th April 2023.
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 Alhassan Ado 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.
When contacted, Abdullahi said the Kano State Ministry of Justice is still waiting for the Nigeria Police Force to complete their investigation and bring back the case file.
“The Police has written to the ministry officially that the IGP has taken over investigation and already assigned a special team headed by AIG from Headquarters to conduct the investigation over the incident,” he said.