Kano High Court Judges Challenge Removal from Judicial Commissions

Two Kano State High Court judges, Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf, have challenged a Federal High Court judgment that removed them as Chairmen of Judicial Commissions of Inquiry. These commissions, established by Governor Abba Yusuf, were set up to investigate former governor Abdullahi Umar Ganduje’s eight-year administration.

Justice Farouk and Justice Zuwaira were appointed as Chairmen of the Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets and the Judicial Commission of Inquiry to Investigate Political Violence and Missing Persons, respectively. However, the Federal High Court, presided over by Justice Simon Amobeda, ruled that they must resign within 48 hours or risk losing their remuneration and other allowances from the National Judicial Council (NJC).

Dissatisfied with Justice Amobeda’s judgment, the two judges, along with the Kano State Attorney General and Commissioner for Justice, filed a notice of appeal and a stay of execution against the decision of the lower court.

In the notice of appeal (suit No. FHC/KN/CS/152/2024) against Dr. Abdullahi Ganduje and two others, the appellants raised seven grounds of appeal and sought three reliefs from the appellate court. They argued that the Federal High Court lacks the authority to adjudicate matters related to the employment or appointment of individuals by the Kano State Government, stating that such jurisdiction belongs solely to the National Industrial Court of Nigeria.

The appellants argued that the exercise of judicial powers by the Federal High Court is limited by Section 251 of the Constitution, as amended. They stated that no Federal High Court has the jurisdiction or authority to receive, entertain, or rule on the propriety or otherwise of the conduct of any Judge of the Kano State Judiciary. They emphasized that such powers and prerogatives are exclusively reserved for the National Judicial Council, which does not share them with any Federal High Court.

The notice also stated that the “Kano State Commission of Inquiries is a creation of the law of Kano State, derived from the Constitution of the Federal Republic of Nigeria. The commission of inquiries is established by the executive powers of the governor of Kano State in accordance with the provisions of the law of Kano State. The Federal High Court unlawfully exercised jurisdiction by interfering with the functions and powers of the chairmen.”

It is worth recalling that former Governor Ganduje had earlier filed a suit before the Federal High Court, seeking to prevent Governor Yusuf from probing his administration.