The Federal High Court in Kano on Thursday issued a 48-hour ultimatum for two Kano High Court judges, Justice Lawan Adamu and Justice Zuwaira Yusuf, to resign from their positions as chairpersons of two state government-established judicial commissions of inquiry.
This decision underscores ongoing legal and political tensions related to the investigation of the previous administration’s conduct.
The commissions were set up by Kano State Governor Abba Yusuf to investigate the administration of former Governor Abdullahi Ganduje. Justice Adamu was appointed as the chairman of the Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, while Justice Yusuf was named the chairperson of the Judicial Commission of Inquiry on Political Violence and Missing Persons.
This move by Governor Yusuf was challenged in court by Ganduje, who sought to prevent the commissions from investigating his administration. The case was brought before Justice Simon Amobeda, who delivered the judgment ordering the two judges to resign from their commission roles.
Justice Amobeda’s ruling stated, “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.”
Justice Amobeda’s decision was grounded in the argument that the appointments violated constitutional provisions and the doctrine of separation of powers. The judge emphasized 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.”
The court also noted that appointing judges to such commissions, without appealing an earlier court judgment by Justice A. Liman, which restricted the investigation of Ganduje to federal anti-corruption agencies, constituted a misuse of judicial office and undermined the judiciary’s integrity.
The judgment mandated that if Justice Adamu and Justice Yusuf did not resign within 48 hours, the National Judicial Council would be required to cease their remuneration and benefits from the Federation’s Consolidated Revenue Fund. The judge stated, “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 did not agree with the argument that the judges ceased to be judicial officers simply by accepting these commission appointments. The respondents in the case included the National Judicial Council, the Revenue Mobilisation Allocation and Fiscal Commission, the Attorney-General of Kano State, and the two judges.
In addition to this decision, the NCTC has recently been active in high-profile operations, including the rescue of kidnapped victims, illustrating ongoing efforts to address national security concerns.
