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By Emmanuel Adeleke
A Federal High Court sitting in Kano has ordered the Kano State Government to pay the deposed Emir, Aminu Ado Bayero, the sum of N10 million for breaching his fundamental human right.
Justice Simon Amobeda gave the order while delivering judgement in the case instituted by Bayero, seeking to enforce his fundamental human rights.
Amobeda described the order given by Kano State Governor, Abba Yusuf, for Bayero’s arrest as unlawful, adding that it had forced the applicant to remain indoors over fear of being arrested.
The Attorney General of the Federation, Attorney General of Kano State, Nigeria Police Force, Inspector General of Police (IGP), Commissioner of Police in Kano State, Department of State Services (DSS), Nigeria Security and Civil Defence Corps (NSCDC), Nigerian Army, Nigeria Airforce and Nigerian Navy are the defendants in the suit.
The judge also restrained the Police, IGP, Commissioner of Police, DSS, NSCDC from arresting, detaining, threatening, intimidating, harassing the applicant or further interfering with the applicant’s fundamental rights.
“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 applicant’s 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,” the judge held .