The Federal High Court in Kano, on Thursday, gave a 48-hour ultimatum to two Kano judges, Justice Lawan Adamu and Justice Zuwaira Yusuf, to resign their appointments from the judicial commissions of inquiry set up by the state government.
The two judges were appointed by the Kano State Governor, Abba Yusuf, to serve as chairmen of the two commissions of inquiry to probe the ex-Governor Abdullahi Ganduje’s administration.
Justice Adamu is the chairman of the Judicial Commission of Inquiry for the recovery of misappropriated public properties and assets while Justice Yusuf is the chairperson of the Judicial Commission of Inquiry on political violence and missing persons.
The order was given by Justice Simon Amobeda, while delivering his judgment in the case instituted by Ganduje, praying the court to stop Yusuf from probing his administration.
Justice Amobeda said if the judges failed to comply within 48 hours, the National Judicial Council (first defendant) would immediately halt payment of any remuneration, allowances, or benefits from the Federation’s Consolidated Revenue Fund to the judges.
He asked them to desist from performing executive functions assigned to them by the governor in courtrooms meant to adjudicate disputes between persons and authorities in the state.
The judge said the action by Yusuf to set up the commissions of inquiry to investigate Ganduje without appealing an earlier court judgment by Justice A. Liman, which declared that Ganduje could only be investigated by the Economic and Financial Crimes Commission or the Independent Corrupt Practices and other Related Offences Commission, amounted to abuse of office and undermining the sanctity of the judiciary.
He said, “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 commissions 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 first defendant (NJC).
“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 5th 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 Magistrates’ 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 of the doctrine 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 courtrooms 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 1st 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 the 5th day of March 2024 declaring that the plaintiff herein can only be investigated by the Economic and Financial Crimes Commission or the Independent Corrupt Practices Commission, 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 courtrooms 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 offices as chairmen of commissions of inquiry.”
The court, however, disagreed with the argument of the plaintiff’s counsel that the judges ceased to be judicial officers by accepting to be members of the judicial commission of inquiry.
Respondents in the suit are the National Judicial Council (first defendant), Revenue Mobilisation Allocation And Fiscal Commission (second), Attorney-General Kano State (third), Justice Adamu and Justice Yusuf as fourth and fifth defendants respectively.
