Court gives two Judges 48hrs to resign

From Desmond Mgboh, Kano

A Federal High Court sitting in Kano and presided by Justice Simon Amobeda has given 48 hour deadline to two Kano High Court judges, Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf to resign their appointments as members of the Kano State panels set up to probe the administration of Abdullahi Umar Ganduje.

Justice Amobeda,Thursday,, gave the order while delivering his ruling in the case filed against the Kano State government by the National Chairman of the All Progressives Congress, Abdullahi Umar Ganduje

The respondents in the case are the National Judicial Council, Revenue Mobilization Allocation And Fiscal Commission, Attorney General of Kano State, Justice Lawan Adamu and Justice Zuwaira Yusuf as 1st,2nd.,3rd ,4th and 5th defendants.

Justice Amobeda directed the two judges, who holds respectively the posts of the Chairman, Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, and Chairman, Kano Judicial Commission of Inquiry to investigate Political Violence and Missing Persons to resign from these positions within 48 hours.

The judge stressed that failure to comply with deadline, the National Judicial Council (1st Defendant) shall stop forthwith, the payment of any remuneration, allowances and benefits meant for them from the Consolidated Revenue Fund of the Federation to the judges.

He also ordered that the two judges should desist from performing executive functions in court rooms meant to adjudicate disputes between persons and authorities in Kano State.

Justice Amobeda further ordered that the action by the Governor to set up the commission of inquiries to investigate Abdullahi Umar Ganduje without appealing an earlier court judgment by Justice A. Liman amounted to an abuse of the sanctity of the judiciary while observing that there was a pending order to the effect that Ganduje can only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC),

The judge however rejected the prayer of the counsel to Ganduje that the said judges have ceased to be judicial officers by accepting to serve as Chairmen of Commissions of Inquiry

In the exact words of the judge , “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. End