The Federal High Court sitting in Kano State, Nigeria, has directed two Kano judges to resign from their appointments within 48 hours. This ruling came after Governor Abba Kabir Yusuf appointed Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf to head commissions investigating misappropriated public properties and political violence, respectively.
In a case brought by former Governor Abdullahi Ganduje, who sought to prevent Governor Yusuf from probing his administration, Justice Simon Amobeda emphasized the judiciary’s independence and condemned judges taking on executive roles. “Judges should desist from performing executive functions assigned to them by the Governor of Kano State in courtrooms meant to adjudicate disputes between persons and authorities in Kano State,” stated Justice Amobeda.
The court’s verdict mandates the National Judicial Council (NJC) to cease the judges’ salaries, allowances, and benefits if they do not comply with the 48-hour resignation order. “Failure by the judges to comply with the 48-hour deadline, the National Judicial Council (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 Judges,” Justice Amobeda decreed.
Justice Amobeda also referred to an earlier ruling by Justice A.M. Liman, which limited investigations of Ganduje to the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC). Criticizing Governor Yusuf’s establishment of the commissions without appealing the previous judgment, Justice Amobeda labeled it “an abuse of office and undermining the sanctity of the judiciary.”
In his ruling, Justice Amobeda stated, “The action of the Governor of Kano State of appointing the 4th and 5th defendants as chairmen of the commissions of inquiry… is an encroachment into and undermining the judicial arm of government, a breach of the doctrine of the separation of powers, a grave violation of the Constitution, and gross misconduct on the part of the Governor of Kano State and the 3rd defendant who administered the oath of office and oath of allegiance to the 4th and 5th defendants,” He concluded.
