Amobeda said with the directive of the police to arrest the Applicant in the suit, Alhaji Aminu Ado Bayero was an infringement on his fundamental right for no reason.
Alhaji Aminu Ado Bayero, through his counsel Mamman Lawan Yusifari SAN, approached the court to seek the enforcement of his fundamental rights to movement and personal liberty.
Bayero told the court, in an originating summons by his counsel, 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.
The respondents in the suit are the Attorney General of the Federation, the Attorney General of Kano , Nigerian Police Force , Inspector General of Police, Commissioner of Police Kano Command, State Security Service,Nigerian Security and Civil Defence Corps, , Nigerian Army , Nigerian Navy and Nigerian Air Force
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.”
