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

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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.

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“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.

 

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World Teachers’ Day 2024: NUT Honors Gov.Yusuf

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Governor Abba Kabir Yusuf raising the plaque of the award

 

The Nigeria Union of Teachers (NUT) has honored Governor Abba Kabir Yusuf of Kano State, with a prestigious award for his exceptional performance in reforming the state’s education sector.

This was contained in a statement issued by the Governor’s Spokesperson, Sanusi Bature Dawakin-Tofa on Saturday.

The award was presented during the celebration of World Teachers’ Day 2024 at Eagle Square, Abuja, in a vibrant event organized in collaboration with the Federal Ministry of Education.

The event brought together teachers from across the 36 states of Nigeria to honor the significant contributions made to the education sector.

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Governor Yusuf was recognized with the NUT Golden Award for his transformative efforts in rescuing Kano’s education sector from years of decay and neglect.

In his remarks, NUT National Chairman, Comrade Titus Ambe, noted that only six governors were selected for this honor, based on their unwavering commitment to advancing education, particularly through the support of teachers’ welfare and continuous training.

Specifically, Governor Yusuf’s accomplishments were highlighted, including his administration’s allocation of 29.9% of Kano’s 2024 budget to education and his declaration of a state of emergency in the sector, which has significantly improved both infrastructure and access to quality education in the state.

President Bola Ahmed Tinubu, represented by the Secretary to the Government of the Federation, Senator George Akume, commended the governors for their dedication.

Speaking on behalf of the six awardees, which included the Governors of Borno, Oyo, Benue, Enugu, and Kebbi states, Governor Yusuf reaffirmed his commitment to further investing in education, emphasizing the importance of sustaining progress to ensure future generations thrive.

 

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Northern Nigeria’s Existence In Next Five Years Uncertain –ACF

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Alhaji Bashir Dalhatu

 

The Arewa Consultative Forum (ACF) has expressed fear that banditry and insurgency have gone out of control in Northern Nigeria to the extent that it may threaten the existence of the entire region in the next five years.

The Chairman of the Board of Trustees (BoT) of the ACF, Alhaji Bashir Muhammad Dalhatu, has expressed the Forum’s concern over the current insecurity in the North, and warned that banditry and general insecurity have posed serious threat to the survival of the region.

 

Dalhatu issued the warning on Thursday in Maiduguri, the Borno State capital, during a visit to offer condolences and solidarity to the people of the state following the recent devastating flood disaster in Maiduguri.

 

Dalhatu described the North as being in an extremely dire situation, facing multiple crises including insurgency in the North East, banditry in the North West, and various other social vices and challenges in the North Central.

 

Dalhatu said, “Our predicament is worsened by insurgency and banditry, which have even made it impossible for our people to go to their farms.

 

“Many farmers can no longer access their lands, and we no longer produce enough food to feed ourselves.

 

“Millions of children are out of school, and social ills such as Almajiri and begging have become rampant.

 

“When you consider all these issues together, it becomes clear that we are in a perilous state.”

 

He warned that if immediate action is not taken, the situation could worsen, further threatening the region’s existence.

 

He said, “Ten years ago, there were no bandits in the North West. Today, however, nearly every state in the region is grappling with banditry.

 

“We fear that if this trend continues unchecked, the situation could spiral out of control in the next five years, endangering our way of life.”

 

Dalhatu emphasised that the efforts made so far over the last decade to curb the insurgency have failed to yield meaningful results and, in some cases, have only exacerbated the problem.

 

He noted that, “The actions taken in the past 15 years have not been able to stop insurgency; in fact, they have worsened the situation.

 

“We now realise the full extent of the danger we face, and the consequences of inaction will be catastrophic.”

 

He said that in response, the ACF has assembled a team of experienced and knowledgeable experts to thoroughly assess the situation.

 

According to Dalhatu, their findings will be presented to the 19 northern state governors, who will then take the matter to the federal government for urgent and decisive action.

 

Dalhatu assured that this time, the ACF is committed to ensuring that effective and sustainable solutions are implemented.

 

He said, “We are hopeful that, Insha Allah, the actions we propose will be far more effective. With determination and the right approach, we believe we can bring an end to these pressing challenges.”

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Northern Youth Assembly Condemns Banditry Allegation Against Sen. Shehu Buba Umar, Urges Caution

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The Northern Youth Assembly (Majalisar Matasan Arewa) Bauchi State Chapter has condemned allegations linking Senator Shehu Buba Umar to banditry, an accusation attributed to Bauchi State Governor Bala Mohammed. The youth group labeled the claims as part of a politically motivated attempt to tarnish the senator’s image and expressed concern over the governor’s diminishing political relevance.

According to the group’s press statement,signed by Comrade Muhammad Hussain, the group’s chairman in Bauchi said
they believe Governor Mohammed has long waged a “political war” against Senator Shehu Buba, representing Bauchi South, in a series of actions aimed at damaging his career. The group cited instances where the governor allegedly sought to undermine the senator’s influence, including during a recent local government election campaign in Bauchi.

The youth assembly also referenced a previous confrontation between the two politicians over palliatives distributed by the state government. In addition, they highlighted the governor’s role in influencing the withdrawal of the senator’s traditional title, Mujaddadin Bauchi, conferred by the Bauchi Emirate Council.

According to comrade Hussain said the group emphasized Senator Buba’s contributions to various sectors, including education and healthcare, and his growing popularity across Bauchi State.

Comrade Muhammad also accused the governor of being threatened by the senator’s increasing political influence and accused the state government of corruption and mismanagement of public resources.

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The Northern Youth Assembly also raised concerns about the recent online allegations of Sen. Shehu Buba’s involvement with bandits in Zamfara state. The group urged security agencies, particularly the Department of State Services (DSS), to handle the allegations with care, dismissing them as baseless. They pointed to Senator Buba’s role as Chairman of the Senate Committee on National Security and Intelligence, arguing that his work with security agencies contradicts any involvement with criminal elements.

The youth group further called on anti-corruption agencies, including the EFCC and ICPC, to investigate financial irregularities in the Bauchi State government, specifically regarding contract awards and alleged misappropriations in the office of the Secretary to the State Government.

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