In a landmark ruling, the Federal High Court in Kano has ordered the Kano State Government to pay N10 million in compensation to the 15th Emir of Kano, Aminu Bayero, for violating his fundamental human rights. The judgment, delivered by Justice Simon Amobeda, concluded that the directive given by Kano State Governor Abba Yusuf to arrest Aminu Bayero was unlawful and had forced the former Emir into a state of house arrest out of fear of being detained.
The case, brought forth by Aminu Bayero, sought enforcement of his fundamental human rights against multiple respondents, including the Attorney General of the Federation, the Attorney General of Kano State, the Nigeria Police Force, the Inspector General of Police, the Commissioner of Police in Kano, the Department of State Services (DSS), the Nigeria Security and Civil Defence Corps (NSCDC), the Nigerian Army, the Nigerian Airforce, and the Nigerian Navy.
Justice Amobeda’s ruling highlighted several key points:
- The directive from the Kano State Governor to arrest Aminu Bayero without lawful justification constituted a threat to the applicant’s fundamental right to liberty, guaranteed under Section 35(1) of the Nigerian Constitution.
- This directive, which resulted in Bayero’s de facto house arrest, significantly violated his fundamental right to freedom of movement as stipulated in Section 41(1) of the Constitution.
- The court restrained the Kano State Government and relevant law enforcement bodies from further acts of arrest, detention, intimidation, or harassment against Aminu Bayero.
In his judgment, Justice Amobeda stated:
“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).”
He further added:
“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).”
The judgment also mandated the Kano State Government to pay N10 million as compensation to Aminu Bayero for the breach and potential breach of his fundamental rights. However, the court did not grant the prayer for the cost of filing and prosecuting the suit, noting that the amount had not been specifically pleaded or strictly proven.
This ruling underscores the judiciary’s role in upholding human rights and serves as a significant precedent in cases involving the unlawful actions of state authorities against individuals.
