Kaduna Businessman Gana loses breach of fundamental rights case
A Kaduna High Court has struck out a case of alleged breach of fundamental rights brought before it by a business man, Alhaji Umaru Gana and Environmental Engineering Construction Nig. Ltd.
Gana and the Company were challenging their invitation by the Police following a case of criminal Breach of trust, cheating and issuance of dud cheques lodged against them by Wing Comdr. Tukur Lawan Fage
Gana was said to have issued dud cheques with the face value of N30,000,000 and N77,500.000 to Gadawur Global Investment Ltd for executed contract.
In his affidavit, Gana said the contract over which the cheques were issued was purely civil in nature devoid of crime and that his life was under a serious threat and his fundamental right about to be violated by the Police at the instance of the respondents including those he issued the dud cheques.
But counsel to the Respondents, Barrister, Kabir Mohammed told the Court that the application by Gana challenging the invitation was brought with the aim of shielding from Prosecution and therefore urged the Court to refuse the application.
He stated that not every detention that fundamental right of a citizen is breached and that the Applicants were only invited by the Police and not arrested.
In the ruling, Justice E.Y. B Lolo said the law as it stands today is that only a singular person can apply for the enforcement of their right and not multiple persons.
The Judge also noted that the 2nd Applicant in the matter is a limited Company adding that he was puzzled by that.
“I am not aware that in the enforcement of fundamental rights a juristic person is envisaged to possess those rights by the framers of the said law”.
For this reason therefore, the Judge ruled that the application as constituted is incompetent and accordingly struck out.
However, counsel to the Applicants, Barrister I.H Mohammed said they would appeal against the ruling.
Other Respondents were Wing Commander Tukur Lawan Fage rtd, Abayomi Balogun, Commissioner of Police.
