A Federal High Court sitting in Kano, on Thursday gave Justice Farouk Lawan and Justice Zuwaira Yusuf, 48 hours to resign as Chairmen of the Judicial Commissions of Inquiry appointed by Gov. Abba Kabir-Yusuf.
Governor Kabir-Yusuf inaugurated the Commission on Political Violence and Cases of Missing Persons and Recovery of Misappropriated Public Properties and Assets from May 2015 to May 2023.
The National Chairman of the All Progressives Congress (APC), Dr Abdullahi Ganduje, through his counsel, Sanusi Musa SAN, sought an order stopping Kabir-Yusuf, from probing his administration.
The respondents are the National Judicial Council, Revenue Mobilisation Allocation And Fiscal Commission, Attorney General Kano State, Justice Farouk Lawan and Justice Zuwaira Yusuf.
Delivering a judgment, Justice Simon Amobeda, said failure by the judges to comply with the 48-hour deadline, the National Judicial Council would stop forthwith, the payment of their remuneration.
“The judges should desist from performing executive functions assigned to them by the Governor of Kano State in Court rooms meant to adjudicate disputes between persons and authorities in Kano State.
“The action by the governor to investigate Ganduje without appealing an earlier court judgment by Justice A. M Liman, on March 24, amounts to abuse of office and undermining the sanctity of the judiciary.”
In that judgment, Justice Liman held that Ganduje could only be investigated by the Economic and Financial Crimes Commission.
He said that by the combined provisions of Sections 153(1)(i) of the 1999 Constitution of the Federal Republic of Nigeria, CFRN, (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.
“Sections 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.
“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.
“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 Magistrate Court and subject to review by a Judge of the High Court of Kano State,” Amobeda said.
