Kano State High Court presided over by Justice Maryam Sabo has granted permission to retired chief magistrate, Muntari Garba Dandago, to apply for order of mandamus, seeking to compel Kano State attorney general, Musa Abdullahi Lawan to immediately file a charge against majority leader of the House of Representatives, Hon Alhassan Ado Doguwa and his other conspirators in an alleged case of culpable homicide and other offences.
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 ex-parte application by counsel to the applicant, Barrister Y.I Shariff. The motion ex-parte which contained 19 paragraphs affidavit in support, was duly sworn to by the applicant himself, dated 5th April, 2023 and the written address filed by the applicant counsel, dated 10th April, 2023.
Delivering 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 fire arms before a court of competent jurisdiction,”
The court adjourned the case to May 12, 2023 for the hearing of motion on notice.
When contacted Kano State attorney-general, Musa Abdullahi said Kano State Ministry of Justice is still waiting for Nigeria police to complete their investigation and bring back the case file.
“The police have written to the ministry officially that the IGP has taken over investigation and already assigned a special team headed by AIG from headquarters to conducted the investigation over the incident,” he said.
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