Connect with us

News

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

Published

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.

Advert

“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.

 

News

Court Adjourns Nafiu Gombe’s Suit Challenging Mark’s Leadership of ADC

Published

on

 

By Yusuf Danjuma Yunusa

The Federal High Court in Abuja on Wednesday adjourned a suit filed by Nafiu-Bala Gombe against Sen. David Mark-led leadership of the African Democratic Congress (ADC), until June 8 for hearing.

Justice Peter Lifu adjourned the case after Gombe’s lawyer, Robert Emukpoeruo, SAN, applied for an adjournment following the absence of counsel to parties seeking to join the suit in court.

When the case was called, only the Independent National Electoral Commission, INEC, and parties seeking joinder were not represented in court.

Although it was confirmed from the court record that INEC was duly served with hearing notice, parties seeking to join were not served.

Counsel to ADC, Shaibu Aruwa, SAN, called the attention of the court to the history of the suit in relation to parties applying for joinder.

He said the former trial judge, Justice Emeka Nwite, had taken judicial notice of them in the previous proceedings.

Aruwa, therefore, urged the court to accord the parties seeking joinder the same respect to come and say why they needed to be joined in the interest of fair hearing.

Besides, he said issues had already been joined with the parties seeking to join the case, and that the plaintiff was in the know.

Responding, Emukpoeruo gave a titbit about the Supreme Court judgement which ordered for an accelerated hearing of the case, in line with the earlier Appeal Court judgement.

The lawyer, who applied that all pending processes be filed and served, sought an adjournment to give the parties seeking to join the leverage for fair hearing.

Advert

ADC’s counsel, Aruwa; Suleiman Usman, SAN, who appeared for Sen. David Mark; Realwan Okpanachi, who represented Ogbeni Rauf Aregbesola and P. I. Oyewole, lawyer to Chief Ralp Nwosu, did not oppose the application for adjournment.

The defence counsel however informed the court that the attitude of the plaintiff, in applying for the reassignment of the case when the matter was before Justice Nwite, had allegedly frustrated the order of accelerated hearing of the apex court.

But Justice Lifu, who said that nobody has the right to choose which court his case should be determined, said based on the directive of the chief judge who assigned the case to him and the Supreme Court decision for accelerated hearing, he was bound to do justice to the matter.

The judge said the court would take the full responsibility for inability to effect service of the hearing notices on the parties seeking to join the suit.

He subsequently adjourned the matter until June 8 for hearing.

Justice Lifu, who ordered accelerated hearing of the case, directed the bailiff of the court to serve all the parties seeking to be joined in the suit within 24 hours of the order.

“In the circumstances of this case and overall interest of justice and order of the Supreme Court and the Appeal Court, this case is hereby given accelerated hearing,” he said.

He ordered all the parties to file and serve all their processes before the next adjourned date.

The aggrieved former National Deputy Chairman of ADC, Nafiu Bala, had filed the suit marked: FHC/ABJ/CS/1819/2025.

The plaintiff, in the suit, is seeking an order restraining Mark, the embattled National Chairman of ADC; Aregbesola, the National Secretary, and members of their interim National Working Committee (NWC) from parading themselves as the party’s leaders.

He had argued that the emergence of Mark, Aregbesola and other NWC members as party’s leaders breached the provisions of the party’s constitution and the Electoral Act.

Gombe had sued ADC, Mark, Aregbesola, Independent National Electoral Commission (INEC) and Ralph Nwosu as 1st to 5th defendants respectively in the suit.

Nwosu was the former ADC National Chairman who stepped down for David Mark leadership of the party.

The former Vice President Atiku Abubakar emerged as ADC presidential candidate on May 27 after defeating two other aspirants, including Rotimi Amaechi, former Minister of Transportation, at the party’s national convention.

Also, Dumebi Kachikwu, in a national convention conducted by another faction of ADC, emerged the presidential candidate of the party for the 2027 general election.

The 2023 presidential candidate of the party was adopted by factional members of the party as sole presidential candidate on May 24.

Continue Reading

News

Court Sentences Four to Death over Owo Church Massacre

Published

on

 

By Yusuf Danjuma Yunusa

The Abuja Federal High Court on Wednesday sentenced four members of the Al-Shabaab terrorist group to death by hanging for their involvement in the June 5, 2022, attack on St. Francis Catholic Church, Owo, Ondo State, which left more than 40 worshippers dead and over 100 others injured.

The trial judge, Justice Emeka Nwite, made the declaration after convicting Idris Abdulmalik Omeiza, 25; Al Qasim Idris, 20; Jamiu Abdulmalik, 26; and Abdulhaleem Idris, 25, on a nine-count terrorism charge filed by the Department of State Services on behalf of the Federal Government.

The court, however, discharged and acquitted the fifth defendant, Momoh Otuho Abubakar, 47, after finding insufficient evidence linking him to the terrorist attack.

Advert

In the judgment, Justice Nwite held that the prosecution successfully established the guilt of the four convicts beyond reasonable doubt, noting that the evidence before the court clearly showed that they were members of, and active participants in, the activities of the terrorist group responsible for the deadly church attack.

The court found that the convicts were principal members of an Al-Shabaab terrorist cell operating in Kogi State and that they took part in the assault on the church during a Pentecost service.

According to the prosecution, the attackers stormed the church, held worshippers hostage, and unleashed violence that resulted in massive casualties and destruction.

They were said to have used improvised explosive devices and AK-47 rifles in attacking furtherance of their extremist religious ideology.

To establish its case, the prosecution called 11 witnesses and tendered 23 exhibits, including confessional statements and a digital forensic examination report.

Among the exhibits admitted by the court was a technophone device alleged to contain communications exchanged by the defendants before and after the attack.

One of the prosecution witnesses, a Catholic priest who survived the incident, gave a chilling account of how the assailants detonated at least three explosive devices inside the church, triggering panic and bloodshed among worshippers.

Justice Nwite held that the totality of the evidence presented by the prosecution firmly linked the four convicts to the attack and justified their conviction on the terrorism charges.

Continue Reading

News

Insecurity:Sack Service Chiefs, Pastor Adeboye Urges FG

Published

on

 

By Yusuf Danjuma Yunusa

The General Overseer of the Redeemed Christian Church of God, Pastor Enoch Adeboye, has urged the federal government to give Nigeria’s security chiefs a 90-day deadline to eliminate terrorists across the country or resign from office.

Adeboye made the call in a video shared on X on Tuesday in which he expressed concern over the country’s security situation and urged authorities to act swiftly against those responsible for the violence.

Addressing the government, the cleric said security chiefs should be held accountable for delivering results in the fight against terrorism.

Advert

“If I were asked to make suggestions, I would say quietly to our government, ‘Move fast and tell our security chiefs, get rid of these terrorists within 90 days or resign,” he said.

The cleric also called on the government to go beyond targeting terrorists and focus on those financing and supporting their activities.

“When giving orders to the service chiefs this time around, we should make it clear to them that they are not only to eliminate the terrorists; they should eliminate their sponsors, no matter how influential they may be,” he added.

Adeboye recalled advising a former Nigerian president to issue a similar ultimatum to security chiefs in the past, noting that although the directive was given, it was not fully enforced when the deadline elapsed.

According to him, the experience underscored the need for stronger political will and strict enforcement of directives aimed at ending insecurity.

Continue Reading

Trending