The Federal Excessive Court docket sitting in Kano, presided over by Justice Simon Amobeda, on Thursday issued a two-day ultimatum for Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf to resign their appointments as chairmen of the Judicial Fee of Inquiry for the restoration of misappropriated Public Properties and Belongings, and Judicial Fee of Inquiry to research Political Violence and Lacking Individuals respectively.
Justice Amobeda gave the order whereas delivering judgment in a case instituted by former Governor Abdullahi Ganduje in search of the courtroom to cease the probe of his administration by the Governor Abba Yusuf-led authorities.
The Choose mentioned failure by the judges to adjust to the deadline would make them threat not been paid their entitlements (remuneration, allowances and advantages) meant for judicial officers from the Consolidated Income Fund of the Federation by the first defendant (Nationwide Judicial Council).
Respondents within the swimsuit embody the Nationwide Judicial Council (1st Defendant), Income Mobilisation Allocation And Fiscal Fee (2nd), Lawyer-Basic Kano State (third), Hon. Justice Farouk Lawan Adamu(4th) and Hon. Justice Zuwaira Yusuf(fifth).
He nonetheless held that the motion by the Governor to arrange the fee of inquiries to research Ganduje with out interesting an earlier courtroom judgment by Justice A. Liman which declared that the previous governor can solely be investigated by the Financial and Monetary Crimes Fee (EFCC) or the Impartial Corrupt Practices Fee (ICPC), quantities to abuse of workplace and undermining the sanctity of the judiciary.
Components of Justice Amobeda order contains, “That, by the mixed provisions of Sections 153(1)(i) of the Structure of the Federal Republic of Nigeria, 1999, CFRN, 1999 (as altered), Paragraph 21(d) of Half I of the Third Schedule Structure of the Federal Republic of Nigeria, 1999 (as altered)and sections 1, 3 and 6 of the Fee of Inquiry Regulation, Cap. 26, Legal guidelines of Kano State, the Governor of Kano State has no energy to nominate the 4th and fifth Defendants and administer one other Oath of Workplace on them to function Chairmen of Fee of Inquiry constituted by the Governor of Kano State, an workplace meant for Commissioners of Kano State Authorities with a view to train govt powers assigned to them by the Governor of Kano State and cease them from performing their features as Judges of the Excessive Court docket of Kano State, with out recourse to the 1 Defendant.
“That, by the mixed results of the provisions of Sections 6, 84, 153(1)(1), 271(2), 272 along with Paragraph 21(c) of Half 1 of the Third Schedule to the Structure of the Federal Republic of Nigeria, 1999 (as altered), the 4th and 5” Defendants will not be legally permitted, whereas nonetheless purporting to carry the Workplace of Choose of Excessive Court docket of Kano State, to simply accept appointments as Chairmen of Commissions of Inquiry with quasi-judicial powers equal powers to that of a Justice of the Peace Court docket and topic to assessment by a Choose of the Excessive Court docket of Kano State.
“That, by the mixed impact of Sections 5 and 6 of the Structure of the Federal Republic of Nigeria, 1999 (as altered), the motion of the Governor of Kano State of appointing the 4th and fifth Defendants as Chairmen of the Commissions of Inquiry pursuant to the availability of Sections 3 and 6 of the Fee of Inquiry Regulation, Cap. 26, Legal guidelines of Kano State, as an alternative of appointing from amongst the Commissioners of Kano State Authorities is an encroachment into, and undermining the judicial arm of presidency, a breach doctrine of the separation of powers, a grave violation of the Structure, and gross misconduct on the a part of the Governor of Kano State and the third Defendant who administered the Oath of Workplace and Oath of Allegiance to the 4th and fifth Defendants.
“That, by the mixed impact of the provisions of Sections 5, 6, 84 and 271 of the Structure of the Federal Republic of Nigeria, 1999 (as altered) and Paragraph 21(c) of Half I of the Third Schedule thereof in addition to the availability 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 fifth Defendants, having accepted an govt appointment as Chairmen of Commissions of Inquiry, deserted their judicial features and turned their Court docket rooms to a spot of performing govt perform assigned to them by the Governor of Kano State, can not concurrently proceed to carry workplace as Judges of the Excessive Court docket of Kano State and can’t be entitled to salaries and allowances of Judicial officers, as mounted by the 2nd Defendant and being paid by the 1 Defendant.
“That, in view of the choice of this Honourable Court docket coram: Hon. Justice A.M. Liman in Swimsuit No.FHC/KN/195/2023 (Between Dr. Abdullahi Umar Ganduje v. Nigeria Police Power & Ors) delivered on fifth day of March, 2024 declaring that the Plaintiff herein can solely be investigated by the Financial and Monetary Crimes Fee (EFCC) or the Impartial Corrupt Practices Fee (ICPC), it’s an abuse of workplace and undermining the sanctity of the judiciary for the Governor of Kano State to arrange a Fee of Inquiry which is inferior to this Court docket to purport to research the administration of the Plaintiff.
“That, the 4th and fifth Defendants, being serving judicial officers shall respectively resign from the appointment as Chairman of Judicial Fee of Inquiry for the Restoration of Misappropriated Public Properties and Belongings, and Chairman of Judicial Fee of Inquiry to research Political Violence and Lacking Individuals respectively, and shall desist forthwith, from performing govt features assigned to them by the Governor of Kano State in Court docket rooms meant to adjudicate disputes between individuals and authorities in Kano State,” Justice Amobeda said.