The federal high court has declared that the Governor of Kano State overstepped his authority by appointing two sitting judges as Chairmen of Commissions of Inquiry to investigate Abdullahi Umar Ganduje as a gross misconduct and abuse of office. The judgment, delivered on July 4, 2024, addresses the constitutional breach and separation of powers issues involved in the appointments made by the Governor.
The court ruled that the Governor of Kano State does not have the power to appoint the 4th and 5th Defendants as Chairmen of the Commission of Inquiry, positions intended for Commissioners of the Kano State Government. The appointments were deemed an encroachment on the judicial arm of government.
By appointing sitting judges to executive roles, the Governor violated the doctrine of separation of powers. This action was found to undermine the judicial functions and breach the Nigerian Constitution.
The court stated that the 4th and 5th Defendants, being judges of the High Court of Kano State, cannot legally hold executive positions while maintaining their judicial roles. Their acceptance of these appointments was seen as abandoning their judicial duties.
The court ordered the 4th and 5th Defendants to resign from their positions as Chairmen of the Commissions of Inquiry within 48 hours. Failure to comply would result in the cessation of their salaries and allowances as judicial officers.
The ruling referenced a prior judgment by Hon. Justice A.M. Liman, which stated that the Plaintiff could only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC), not by a Commission of Inquiry set up by the Governor.
The judgment reinforces the importance of maintaining the separation of powers and upholding the constitutional boundaries between different branches of government.
