A Federal High Court sitting in Kano has awarded the cost of N10 million against Kano State Governor in favour of Alhaji Aminu Ado Bayero for directing Police to arrest him with out committing any crime.
Alhaji Aminu Ado Bayero, through his counsel Mamman Lawan Yusifari SAN, approached the court presided over by Justice Simon Amobeda seeking the enforcement of his fundamental rights to movement and personal liberty.
In an originating summons by his counsel, Bayero told the court that the Executive Order by Kano State Governor ordering police to arrest him without criminal complaints against him contradicts the provision of chapter 4 of the Constitution of Federal Republic of Nigeria 1999 as amended.
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The judgement Order reads: “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 10,000,000.00 (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 order concluded.