The Federal High Court sitting in Kano, on Thursday, issued a 48-hour deadline to two Kano judges, Justice Lawan Adamu and Justice Zuwaira Yusuf, to resign from state-appointed judicial commissions of investigation.
Kano State Governor Abba Yusuf nominated the two judges to serve as chairs of the two commissions of investigation into the administration of former Governor Abdullahi Ganduje.
Justice Adamu is the chairman of the Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, while Justice Yusuf chairs the Judicial Commission of Inquiry on Political Violence and Missing Persons.
Justice Simon Amobeda issued the decision while giving his judgement in the petition filed by Ganduje, requesting that the court halt Yusuf from investigating his government.
Justice Amobeda stated that if the judges refused to comply within 48 hours, the National Judicial Council (first defendant) would immediately suspend payment of any compensation, allowances, or perks from the Federation’s Consolidated Revenue Fund.
He instructed the judges to refrain from exercising executive tasks entrusted to them by the governor in courtrooms designed to resolve conflicts between individuals and state entities.
The judge ruled that Yusuf’s action in establishing commissions of inquiry to investigate Ganduje without appealing an earlier court decision by Justice A. Liman, which stated that Ganduje could only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices and Other Related Offences Commission, (ICPC), constituted abuse of office and undermined 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), and 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 the High Court of Kano State, to accept appointments as chairmen of commissions of inquiry with quasi-judicial powers equivalent to those 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, 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 their appointments as Chairman of the Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets and Chairman of the 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 plaintiff’s counsel’s claim that by accepting membership in the judicial committee of inquiry, the judges lost their status as judicial officers.
Respondents in the complaint include the National Judicial Council (first defendant), the Revenue Mobilisation Allocation and Fiscal Commission (second), the Attorney-General of Kano State (third), and Justice Adamu and Justice Yusuf as fourth and fifth defendants, respectively.
