Court dismisses Muhuyi Magaji’s suit to stall police arrest

A Federal High Court sitting in Kano presided over by Justice Jane Iyang on Tuesday dismissed a case file by suspended Chairman, Kano State Public Complaint and Anti- Corruption Commission, Barrister Muhyi Magaji Rimin Gado.

Recalls that Muhuyi Magaji had prayed the court to stop an investigative panel instituted by Kano State House of Assembly and restrain the police from investigating, arresting or intimidating him, pending the hearing and determination of subsisting court action instituted at state high court.

He also asked the high court to direct all parties to maintain status quo regarding the investigation on his alleged fake medical certificate.

In the ex-parte application moved by Counsel to Muhuyi Magaji, Barr. Muhammad Dan’azumi, his defence under Order 2 Rule 1 and Section 35,35,37,41 and 42 of the Constitution of Federal Republic of Nigeria 1999 as amended and also Order 26 Sub (B), Rule 7 of the Federal High Court, seeking protection of his fundamental right.

In her Judgement on Tuesday, Justice Jane Iyang maintained that the application filed by Muhuyi  Magaji is incompetent saying his allegations of fundamental rights violation was mere ancillary claim which does not falls within the purview of fundamental rights.

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She further upheld that, for court to determine fundamental rights violation, the claim of the applicant must be on the infringement of his fundamental rights.

Justice Iyang  ruled that Mr Rimingado’s complaint was on the plenary sessions of the State Assembly which he should have approached the State High Court and not the Federal High court.

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