Connect with us

News

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

Published

2 years 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.

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.

 

Related Topics:

News

President Tinubu Sends State Police Amendment Bill to Senate

Published

9 hours ago

on

June 23, 2026

By

 

By Yusuf Danjuma Yunusa

President Bola Tinubu has transmitted a Constitution Alteration Bill seeking the establishment of state police to the Senate.

The Senate President, Godswill Akpabio, made this known during Tuesday’s plenary, adding that the Senate will consider the constitutional amendment bill on Wednesday, tomorrow.

Akpabio also announced that the states have promised to consider the state police bill on the same day once they receive it.

The proposed legislation seeks to amend relevant provisions of the 1999 Constitution to create a legal framework for state police across the federation.

Advert

The move follows repeated calls by the President for constitutional reforms to enable states to play a greater role in securing their territories.

In February, Tinubu urged the National Assembly to amend the Constitution to accommodate state police, describing the reform as necessary to tackle terrorism, banditry and other security threats.

During his Democracy Day address earlier this month, the President vowed that terrorists, bandits and their sponsors would face the full weight of the law, insisting that no mercy would be shown to enemies of the state.

Tinubu said more than 13,000 terrorists had been neutralised within the last year and noted that terrorism-related deaths had fallen significantly compared to previous years.

However, he acknowledged that the continued captivity of schoolchildren abducted in Oyo and Borno states remained a painful reminder of the country’s security challenges.

The state police proposal has gained momentum in recent months, with both chambers of the National Assembly advancing constitutional amendment processes aimed at decentralising policing powers to the states.

The Senate is also expected to reconvene today for an emergency plenary session as lawmakers move to pass the bill and advance one of the most far-reaching security reforms in the country’s democratic history.

Continue Reading

News

PRP: Kwankwaso Not Our Member, Primaries Are Over – Secretary Dismisses Guza’s 69 Forms Claim

Published

10 hours ago

on

June 23, 2026

By

Rabiu Musa Kwankwaso

 

 

The Peoples Redemption Party, PRP, has denied allegations that it sold 69 nomination forms to former Kano Governor Rabiu Musa Kwankwaso to “hijack” the party, saying all positions have been filled and Kwankwaso is not even a member.

Abdulkadir Guza had alleged that Kwankwaso procured 69 PRP nomination forms to take over the party’s structure ahead of 2027.

In an interview with Journalists on Monday, PRP Secretary Alhaji Musa Maigari said ”
As it stands, all positions in PRP have been filled. Primary elections are over, and every political party has concluded its primaries,” he said.

Advert

He further stated that the person behind the allegation has no link to PRP. “The man who raised these allegations is not even our member. It is laughable at this time when primaries are over, someone is talking about primaries or nomination forms.”

The Secretary insisted there is no record of any form transaction with Kwankwaso or his representatives at the party secretariat.

Maigatari noted that the claim appears ill-timed, coming after PRP concluded its primary elections for the next election cycle.

He urged members of the public to disregard “baseless rumors” and rely only on information from the party’s official channels.

Continue Reading

News

El-Rufai Files No-case Submission, Insists DSS Lacks Evidence in Security Breach Case

Published

10 hours ago

on

June 23, 2026

By

 

By Yusuf Danjuma Yunusa

Former Governor Nasir El-Rufai of Kaduna State on Tuesday opted for a no-case submission in his ongoing trial over alleged beach of national security.

The ex-governor made this known through his lawyer, Paul Erokoro, SAN, before Justice Joyce Abdulmalik of the Federal High Court in Abuja, shortly after State Security Service, SSS, closed it case.

When the case was called, the DSS lawyer, Oluwole Aladedoye, SAN, informed the court that the prosecution would not be calling further witnesses in the matter.

Aladedoye said with the evidence led so far, the prosecution was satisfied that it had been able to establish the offences with which El-Rufai was charged.

Advert

Following the development, Erokoro notified the court that the defence planned to file a no-case submission, arguing that the prosecution had failed to establish sufficient evidence against the former governor.

He, therefore, sought two weeks to file the application, while the prosecution requested two weeks to respond.

Erokoro also applied for a variation of some of the bail conditions earlier granted to El-Rufai, describing them as stringent and difficult to meet.

He argued that the bail terms were too stringent, particularly the requirements for level 17 civil servants with properties in Maitama or Asokoro, as well as verification and attestation letters from the Kaduna State traditional council.

Aladedoye, however, opposed the request, insisting that qualified public officers who meet the conditions exist and urging the court to refuse the application.

Justice Abdulmalik, in her ruling, declined the application to vary the bail conditions.

The judge held that there are civil servants who own properties at the said location.

She adjourned the matter until Sept. 22 for the filing of the no-case submission and continuation of trial.

The DSS had sued El-Rufai after he claimed, during an Arise Tv interview, that he intercepted a telephone conversation involving the the National Security Adviser (NSA), Mr Nuhu Ribadu.

The ex-governor had alleged that the conversation, on the telephone, revealed instructions to security operatives to arrest him.

He linked the alleged directive to an incident at the Nnamdi Azikiwe International Airport on Feb. 12 after his return from Cairo, Egypt.

Mr El-Rufai, who was arraigned on April 23 for allegedly intercepting the phone conversations of the telephone line of the NSA, pleaded not guilty to the five-count further amended charge.

Continue Reading

Trending