A federal high court sitting in Kano has ordered two judges to resign their appointments as chairmen of the commission of inquiry constituted to probe Abdullahi Ganduje, the former governor of the state.
In a judgment delivered on Thursday, Simon Amobeda, the
presiding judge, held that Farouk Adamu and Zuwaira Yusuf ought not to have
taken the appointment by Abba Yusuf, the governor of Kano, since they are still
serving judges of the high court of the state.
Amobeda ordered the judges to resign from the commission
within 48 hours.
He said the National Judicial Council (NJC) (first 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 if they fail to comply with the 48-hour deadline.
Amobeda faulted the governor for setting up the commission
without appealing an earlier court judgment by A. Liman, a judge, declaring
that Ganduje can only be investigated by the Economic and Financial Crimes Commission
(EFCC) or the Independent Corrupt Practices and Other Related Offences
Commission (ICPC).
THE JUDGMENT
Citing relevant sections of the 1999 Constitution as
amended, the judge held that the Kano state government lacks the power to
appoint the two judges to serve as chairmen of inquiry constituted by the
governor.
“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 1st defendant,” the court held.
“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 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 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 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 their appointments 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 office as chairmen of
commissions of inquiry.”
However, the court declined to order that the judges cease
to be judicial officers.
The suit was instituted by Ganduje.
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