Alleged Land Deals: Court Retrains Police From Arresting,Detaining Ex Kano Commissioner
Alleged Land Deals : Court Retrains Police From Arresting ,Detaining Ex Kano Commissioner
A Kano State High Court has granted a restraining order against the Commissioner of Police,Kano State and the Divisional Police Officer Farm Center,from arresting or detaining Dr. Farouk Bibi Farouk,a former commissioner of lands under the administration of Dr. Abdullahai Ganduje.
The order followed a MOTION EX-PARTE BROUGHT PURSUANT TO S.34(1), 35 (1, 4 & 5), S. 36(5) OF CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999; ORDER IV RULE 3 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 AND THE INHERENT JURISDICTION OF THIS HONOURABLE COURT. The motion on notice alleges intimidation and threat by the Nigerian Police most especially the Divisional Police Officer of Farm Center,Kano.
The Court restrained the respondents both jointly and severally whether by themselves or through their agents, servants privies and or assigns whomsoever and howsoever known, called and/or described from arresting, harassing, detaining ,intimidating and or threatening the Applicant’s fundamental rights pending the hearing and determination of the substantive suit.
Dr. Farouk,son of a one time deputy governor of Kano State Alhaji Bibi Farouk,has been dragged before a Kano State High Court by governor Dr. Ganduje alleging shady land deals. The substantive suit has been fixed for 2&3 march,2017.The rift between Dr. Farouk and the governor is believed to be a continuation of the war of attrition between the governor and former governor Rabiu Kwankwaso. Farouk was Senior Special Assistant (Protocol) to Kwankwaso.The major crime of Dr. Farouk is believed to be his refusal to turn against Kwankwaso.
In the affidavit Dr. Farouk averred” That I was the Commissioner, Ministry of Land and physical planning, Kano State from the inception of this administration until recently when I was relieved of my post.”That on or about the 1ih day of November 2016, a 3 count charge was filed against me by the Kano State Government and was thereafter, admitted to bail and a date for hearing of the substantive charge was fixed for the 2nd & 3rd day of March, 2017.”
“That ever since I was relieved of my position as the Commissioner for Land & Physical Planning, Kano State, I stopped attending to any matte relating to the ministry and ceased to have anything to do with the said Ministry either officially or unofficially”.
“That I asked the said person that called on the reasons behind my invitation and the identity of the complainant but he insisted that I would get to know when I honored the invitation. That to the best of my knowledge, I have not committed any offence to warrant the police to invite me to their office. That the 2nd Respondent consistently phoned me to come down otherwise he would invoke his powers to cause me arrested. ”
Dr. Farouk alleges that he is “apprehensive of the fact that given the present circumstances and case now pending before the Kano State High Court” his personal liberty could be trampled upon without any justification whatsoever by the Respondents,hence he rushed to court.
That the police has never bothered to inform him of any offense.But that “the 2nd respondent had been disturbing, intimidating and threating me with arrest to the extent that I cannot go about my normal business. That I cannot conveniently sleep in my house as the 2nd respondent have been hunting me at home and place of my business. That the incessant phone calls, intimidation, disturbance and threat of arrest by the 2nd respondent against me for the matter that am totally not aware of amount to infringement of my Fundamental Right.
The Counsel to Dr. Farouk submitted that “with all respect that the respondents have no jurisdictional competence to restrict the right to personal liberty of the applicant without any justification. The right to personal liberty of a citizen of the Federal Republic of Nigeria can only be restricted if one of the following instances exists:-
1. That a citizen has been adjudged guilty of having committed any crirn.nal offence known to law by a court of competent jurisdiction.
2. That there is a valid court orders from a court of competent jurisdiction restricting the personal liberty of a citizen who is accused of commission or complicity in the commission of any offence.
3. For the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence.
We rely on 5.35 of the Constitution of the Federal Republic of Nigeria 1999.
It is our humble submission that the main functions of the Nigeria Police are clearly stated in sA part II of the Police Act .
The Judge will on tuesday February 22nd ,2017 hear the substantive issues.