From Desmond Mgboh Kano
A Federal High Court sitting in Kano and presided by Justice Simon Amobeda has ordered the Kano State government to pay the sum of N10 million as compensation to Aminu Ado Bayero, the 15th Emir of Kano, for violating his fundamental human rights
Justice Amobede, who gave the order on Friday, also directed the state government to guarantee the right of the monarch to free movement and personal liberty.
The judgement followed a case instituted by Bayero seeking the enforcement of his fundamental human rights by the court.
The respondents in the case are the Attorney General of Kano State, Nigeria Police Force, Inspector General of Police, Commissioner of Police Kano State, State Security Service (DSS), Nigeria Security and Civil Defense Corps (NSCDC), Nigerian Army, Nigerian Navy, and Nigerian Air Force.
Justice Amobede described the order issued by Governor Abba Kabiru Yusuf for the arrest of Aminu Ado Bayero on the eve of his return to the state as unlawful, saying the order had forced the monarch into a house arrest
“That the act of the Governor of Kano State in directing the police to arrest the applicant without any lawful justification is a 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, 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 N10,000,000.00 (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 judge however refused the prayer for the cost of filing and prosecuting this suit, saying the amount was specifically pleaded and strictly proved.