Justice Simon Amobeda of the Federal High Court has instructed Justices Faruk Adamu and Zuwaira Yusuf, judges of Kano State High Court, to step down from their positions as chairmen of the Judicial Commission of Inquiry on Misappropriated Public Properties and Assets as well as Political Violence and Missing Persons within 48 hours.
The National Judicial Council (NJC), Revenue Mobilisation Allocation and Fiscal Commission, Attorney General of Kano State, Justices Faruk Adamu and Justice Zuwaira Yusuf are defendants in the case.
In a ruling on Thursday in a case brought by former Governor of Kano State, Abdullahi Umar Ganduje, Justice Amobeda stated that the NJC should halt payment of any remuneration, allowances and benefits to the two judges from the consolidated revenue fund if they do not comply with the order.
Kano State Governor, Abba Kabir Yusuf, had on April 4 inaugurated the two judicial commissions of inquiry under the chairmanship of Justices Adamu and Yusuf to investigate cases of misappropriation of public properties, political violence and cases of missing persons from 2015 to 2023.
Justice Amobeda directed that the judges should refrain from carrying out the executive functions assigned to them by the governor in courtrooms designated for adjudicating disputes between individuals and authorities in the state.
The judge held that “The combined effects of sections 6, 84, 153(1), 271(2), 272 together with paragraph 21(c) of part 1 of the third schedule to the 1999 Constitution (as amended), the 4th and 5th defendants (Justices Faruk Adamu and Zuwaira Yusuf) are not legally permitted, “while purporting to hold the office of a judge of high court of Kano State, to accept appointments as chairmen of commission of inquiry with quasi-judicial powers equivalent to that of a Magistrate and subject to review by a judge of the High court of Kano State.”
The court ruled that the governor lacked the authority to appoint and administer the oath of office for individuals to serve as chairmen of a commission of inquiry, a position designated for commissioners exercising executive powers.
The court emphasized that Justice Abdullahi Muhammad Liman’s ruling, which stated that only the EFCC and the ICPC have the jurisdiction to investigate the former governor, deems it an abuse of power and a violation of judicial integrity for the governor to establish a commission of inquiry to probe the plaintiff’s administration.
Nevertheless, the court dismissed the plaintiff’s counsel’s argument that the judges compromised their judicial roles by participating in the judicial commission of inquiry.
