Connect with us

News

Federal High Court Orders Judges to resign appointment as inquiry chair or risk take home pay

Published

9 months ago

on

Court Sign

 

A Federal High Court sitting in Kano and presided over by Justice Simon Amobeda, has given 48 hours deadline to two Kano Judges, Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf appointed by Kano State Governor, Abba Yusuf to serve as Chairman of Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, and Chairman of Judicial Commission of Inquiry to investigate Political Violence and Missing Persons respectively, to resign their appointments.

Justice Simon Amobeda gave the order while delivering his judgment in case instituted by former governor, Abdullahi Ganduje seeking the court to stop Governor Yusuf from probing his administration.

Justice Amobeda said failure by the judges to comply with the 48-hours deadline, the National Judicial Council (1st Defendant) shall stop forthwith, the payment of any remuneration, allowances and benefits meant for judicial officers from the Consolidated Revenue Fund of the Federation to the Judges.

He said the judges should desist from performing executive functions assigned to them by the Governor of Kano State in Court rooms meant to adjudicate disputes between persons and authorities in Kano State.

Justice Amobeda further said the action by the Governor to set up the commission of inquiries to investigate Ganduje without appealing an earlier court judgment by Justice A. Liman declaring that Ganduje can only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC), amounts to abuse of office and undermining the sanctity of the judiciary.

According to him, “That, by the combined provisions of Sections 153(1)(i) of the Constitution of the Federal Republic of Nigeria, 1999, CFRN, 1999 (as altered), Paragraph 21(d) of Part I of the Third Schedule Constitution of the Federal Republic of Nigeria, 1999 (as altered)and sections 1, 3 and 6 of the Commission of Inquiry Law, Cap. 26, Laws of Kano State, the Governor of Kano State has no power to appoint the 4th and 5th Defendants and administer another Oath of Office on them to serve as Chairmen of Commission of Inquiry constituted by the Governor of Kano State, an office meant for Commissioners of Kano State Government in order to exercise executive powers assigned to them by the Governor of Kano State and stop them from performing their functions as Judges of the High Court of ! Kano State, without recourse to the 1 Defendant.

“That, by the combined effects of the provisions of Sections 6, 84, 153(1)(1), 271(2), 272 together with Paragraph 21(c) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the 4th and 5” Defendants are not legally permitted, while still purporting to hold the Office of Judge of High Court of Kano State, to accept appointments as Chairmen of Commissions of Inquiry with quasi-judicial powers equivalent powers to that of a Magistrate Court and subject to review by a Judge of the High Court of Kano State.

“That, by the combined effect of Sections 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the action of the Governor of Kano State of appointing the 4th and 5th Defendants as Chairmen of the Commissions of Inquiry pursuant to the provision of Sections 3 and 6 of the Commission of Inquiry Law, Cap. 26, Laws of Kano State, instead of appointing from amongst the Commissioners of Kano State Government is an encroachment into and undermining the judicial arm of government, a breach doctrine of of the separation of powers, a grave violation of the Constitution, and gross misconduct on the part of the Governor of Kano State and the 3rd Defendant who administered the Oath of Office and Oath of Allegiance to the 4th and 5th Defendants.

“That, by the combined effect of the provisions of Sections 5, 6, 84 and 271 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) and Paragraph 21(c) of Part I of the Third Schedule thereof as well as the provision of the Preamble and Rule 3.7 of Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, issued by the 1 Defendant, the 4th and 5th Defendants, having accepted an executive appointment as Chairmen of Commissions of Inquiry, abandoned their judicial functions and turned their Court rooms to a place of performing executive function assigned to them by the Governor of Kano State, cannot simultaneously continue to hold office as Judges of the High Court of Kano State and cannot be entitled to salaries and allowances of Judicial officers, as fixed by the 2nd Defendant and being paid by the 1 Defendant.

“That, in view of the decision of this Honourable Court coram: Hon. Justice A.M. Liman in Suit No.FHC/KN/195/2023 (Between Dr. Abdullahi Umar Ganduje v. Nigeria Police Force & Ors) delivered on 5th day of March, 2024 declaring that the Plaintiff herein can only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC), it is an abuse of office and undermining the sanctity of the judiciary for the Governor of Kano State to set up a Commission of Inquiry which is inferior to this Court to purport to investigate the administration of the Plaintiff.

“That, the 4th and 5th Defendants, being serving judicial officers shall respectively resign from the appointment as Chairman of Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, and Chairman of Judicial Commission of Inquiry to investigate Political Violence and Missing Persons respectively, and shall desist forthwith, from performing executive functions assigned to them by the Governor of Kano State in Court rooms meant to adjudicate disputes between persons and authorities in Kano State.

“That, where the 4th and 5th Defendants fail to comply with this Order within 48 hours of its service on them, the 1st Defendant shall stop forthwith, the payment of any remuneration, allowances and benefits meant for judicial officers from the Consolidated Revenue Fund of the Federation to the 4th and 5th Defendants while they are still holding office as Chairmen of Commissions of Inquiry,” Justice Amobeda stated.

The court however, disagreed with the argument of the plaintiff’s counsel that the judges cease to be judicial officers by accepting to be members of the Judicial Commission of Inquiry.

Meanwhile, respondents in the suit are: National Judicial Council (1st Defendant), Revenue Mobilization Allocation And Fiscal Commission (2nd), Attorney-General Kano State (3rd), Hon. Justice Farouk Lawan Adamu and Hon. Justice Zuwaira Yusuf as 4th and 5th defendants respectively.

 

#

Related Topics:

News

Governor Yusuf Condoles Emir Sunusi II,APC Chairman Over The Demise Of Galadiman Kano

Published

4 hours ago

on

April 3, 2025

By

 

In a solemn expression of grief, Governor Abba Kabir Yusuf has extended his heartfelt condolences to the Emir of Kano, His Highness Mallam Muhammadu Sanusi II, the Kano Emirate Council, and the Kano State APC Chairman, Alhaji Abdullahi Abbas, following the passing of the esteemed Galadiman Kano, Alhaji Abbas Sanusi.

The late Galadiman Kano, who passed away at the age of 91 on Tuesday night in Kano, was a revered elder statesman and a cornerstone of the Kano Emirate. His life was marked by dedicated service to the Emirate, where he held prominent traditional titles, including Wamban Kano, and served as a trusted advisor to the late Emir of Kano, Alhaji Ado Bayero.

Governor Abba Kabir Yusuf described the loss as a profound tragedy, not only for the Emirate but for the entire state of Kano. He praised the late Galadiman Kano for his wisdom, discipline, and unwavering commitment to preserving Kano’s rich cultural and traditional heritage.

“The passing of Alhaji Abbas Sanusi is a great loss to Kano State. He was a father to many and a custodian of our rich traditions. His wisdom and contributions to the progress of the Emirate will be remembered for generations,” Governor Yusuf remarked.

The Governor also extended his condolences to the people of Kano State, emphasizing the monumental loss of Alhaji Abbas Sanusi. He prayed for Almighty Allah’s mercy upon the departed soul and for strength for the family to endure this great loss.

#

In a statement signed by Comrade Ibrahim Abdullahi Waiya, Commissioner of Information and Internal Affairs, Governor Yusuf urged the people of Kano to honor the memory of the late Galadiman Kano through prayers and by upholding the values of unity and service that he exemplified throughout his life.

The passing of Alhaji Abbas Sanusi leaves a void in Kano’s traditional leadership, but his legacy of wisdom and dedication will continue to inspire generations to come.

Continue Reading

News

Hon. Abubakar Bichi Mourns The Passing Of Galadiman Kano, Alhaji Abbas Sunusi At 92

Published

5 hours ago

on

April 3, 2025

By

 

In a heartfelt tribute, Honourable Abubakar Kabir Abubakar, Chairman of the House of Representatives Committee on Appropriation, has mourned the passing of Alhaji Abbas Sunusi, the Galadiman Kano, who died at the age of 92. The late Galadiman Kano passed away in Kano on Tuesday and was laid to rest the following day in accordance with Islamic rites.

Expressing his condolences, Hon. Abubakar Kabir Abubakar described the news of Alhaji Abbas Sunusi’s passing as a source of profound sadness and shock. He praised the late Galadiman Kano for leading a peaceful and exemplary life, which he deemed worthy of emulation.

The Honourable Member highlighted the special connection between the late Galadiman Kano and the people of Bichi, where he was born during the tenure of his father, the late Emir Muhammad Sanusi I, as the district head of Bichi. This bond, he noted, has continued to foster a sense of belonging among the people of Bichi, a constituency Hon. Abubakar currently represents in the Federal House of Representatives.

In his statement, Hon. Abubakar extended his condolences to the Kano State APC Chairman, Alhaji Abdullahi Abbas Sunusi, who lost his father at a time when his guidance and wisdom were most needed.

“On behalf of my family and the entire people of Bichi Federal Constituency, I pray to Almighty Allah to grant the late Galadiman Kano, Alhaji Abbas Sunusi, eternal rest and Aljannatul Firdausi,” said Hon. Abubakar Kabir Abubakar.

The passing of Alhaji Abbas Sunusi marks the end of an era for Kano State and the Kano Emirate Council, leaving behind a legacy of peace and leadership that will be remembered for generations to come.

#
Continue Reading

News

Murtala Garo mourns Galadiman Kano, Abbas Sunusi

Published

13 hours ago

on

April 2, 2025

By

Late Abbas Sanusi

 

 

The former deputy governorship candidate of the All Progressives Congress (APC) in Kano State, Hon. Murtala Sule Garo, has mourned the most senior councillor and oldest member of the Kano Emirate Council, Galadiman Kano, Alhaji Abbas Sunusi Bayero, who passed away at the age of 92.

In a statement personally signed on Wednesday, Garo described the late Galadiman Kano as a respected elder statesman who contributed immensely to the development of Kano and the traditional institution.

“The passing of Alhaji Abbas Sunusi is a great loss, not only to his family but to the entire Kano Emirate and the people of the state. He was a man of wisdom and integrity, whose guidance and leadership were invaluable,” Garo said.
Murtala Sule Garo, a former commissioner for Local Government and Chieftaincy Affairs further prayed for Allah’s mercy upon the deceased and for the family to have the strength to bear the irreparable loss.
“I extend my deepest condolences to Abdullahi Abbas, Kano APC Chairman and the entire family. May Allah forgive his shortcomings and grant him Aljannatul Firdaus,” he added.
Alhaji Abbas Sunusi passed away on Tuesday night leaving behind children and numerous grandchildren.
Born in 1933 in Bichi, Kano State, he previously served as Wamban Kano before being turbaned as the Galadiman Kano by Emir Sanusi Lamido Sanusi in 2014.
Throughout his lifetime, he was known for his deep commitment to the traditional institution and his contributions to the socio-political landscape of Kano.
His funeral prayer was conducted in accordance with Islamic rites and attended by dignitaries, family members, and well-wishers from different walks of life.

#

Continue Reading

Trending