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Ganduje’s probe: Court gives Kano Judges 48-hrs deadline to resign appointment
By Kayode Sanni-Arewa
A Federal High Court sitting in Kano and presided over by Justice Simon Amobeda has given 48 hours deadline to two Kano Judges, Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf appointed by Kano State Governor, Abba Yusuf to serve as Chairman of the Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, and Chairman of Judicial Commission of Inquiry to investigate Political Violence and Missing Persons respectively, to resign their appointments.
Justice Simon Amobeda gave the order while delivering his judgment in a case instituted by former governor, Abdullahi Ganduje seeking the court to stop Governor Yusuf from probing his administration.
Justice Amobeda said 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.
He said 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.
Justice Amobeda further said the action by the Governor to set up the commission of inquiries to investigate Ganduje without appealing an earlier court judgment by Justice A. Liman declaring that Ganduje can only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC), amounts to abuse of office and undermining the sanctity of the judiciary.
According to him, “That, by the combined provisions of Sections 153(1)(i) of the Constitution of the Federal Republic of Nigeria, 1999, CFRN, 1999 (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, 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 of Kano State, 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 1 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 5” 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.
“That, by the combined effect of Sections 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the action of the Governor of Kano State of appointing the 4th and 5th Defendants as Chairmen of the Commissions of Inquiry pursuant to the provision of Sections 3 and 6 of the Commission of Inquiry Law, Cap. 26, Laws of Kano State, instead of appointing from amongst the Commissioners of Kano State Government is an encroachment into and undermining the judicial arm of government, a breach doctrine of 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.
“That, by the combined effect of the provisions of Sections 5, 6, 84 and 271 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) and Paragraph 21(c) of Part I of the Third Schedule thereof as well as the provision of the Preamble and Rule 3.7 of Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, issued by the 1 Defendant, the 4th and 5th Defendants, having accepted an executive appointment as Chairmen of Commissions of Inquiry, abandoned their judicial functions and turned their Court rooms to a place of performing executive function assigned to them by the Governor of Kano State, cannot simultaneously continue to hold office as Judges of the High Court of Kano State and cannot be entitled to salaries and allowances of Judicial officers, as fixed by the 2nd Defendant and being paid by the 1 Defendant.
“That, in view of the decision of this Honourable Court coram: Hon. Justice A.M. Liman in Suit No.FHC/KN/195/2023 (Between Dr. Abdullahi Umar Ganduje v. Nigeria Police Force & Ors) delivered on 5th day of March, 2024 declaring that the Plaintiff herein can only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC), it is an abuse of office and undermining the sanctity of the judiciary for the Governor of Kano State to set up a Commission of Inquiry which is inferior to this Court to purport to investigate the administration of the Plaintiff.
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“That, the 4th and 5th Defendants, being serving judicial officers shall respectively resign from the appointment as Chairman of Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, and Chairman of Judicial Commission of Inquiry to investigate Political Violence and Missing Persons respectively, and shall desist forthwith, 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.
“That, where the 4th and 5th Defendants fail to comply with this Order within 48 hours of its service on them, the 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 4th and 5th Defendants while they are still holding office as Chairmen of Commissions of Inquiry,” Justice Amobeda stated.
The court however, disagreed with the argument of the plaintiff’s counsel that the judges cease to be judicial officers by accepting to be members of the Judicial Commission of Inquiry.
Meanwhile, respondents in the suit are: National Judicial Council (1st Defendant), Revenue Mobilization Allocation And Fiscal Commission (2nd), Attorney-General Kano State (3rd), Hon. Justice Farouk Lawan Adamu and Hon. Justice Zuwaira Yusuf as 4th and 5th defendants respectively
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Oba of Benin to withdraw suit as Okpebholo restores rights
The Oba of Benin, Oba Ewuare II, and the Benin Traditional Council may withdraw the suits they filed against the state government as Governor Monday Okpebholo, on Sunday, restored the full statutory rights of the Oba and reversed the policies of the previous administration that impacted the Benin Traditional Council.
A statement on Sunday by Okepebholo’s Chief Press Secretary, Fred Itua, said the governor abolished the new traditional councils in Edo South created by the immediate-past governor, Godwin Obaseki.
Okpebholo also backed the Federal Government’s recognition of the Oba’s palace as the custodian of repatriated Benin artefacts looted during the 1897 British colonial expedition.
Providing an insight into the governor’s gesture, the state Attorney General and Commissioner for Justice, Dr Samson Osagie, said it signaled the resolution of the crisis between the Oba of Benin and the Edo State government leading to lawsuits duringt the Obaseki’s administration.
Osagies said, “The cases in court are cases which the Oba of Benin himself and the Benin Traditional Council instituted against the state government, and they are all civil matters. And you know that in civil suit or in any suit, parties are encouraged to settle amicably.
“So, if the parties are already settling and one side is already meeting the condition of settlement, the next step you are going to hear is that the party who went to court, which is the Oba of Benin, and the Benin Traditional Council, will instruct their counsel to withdraw the cases from court and that will be the end of the matter.
“The two parties are now settling for harmony and peace to reign, so the government is doing its own side of it.
“This statement is a prelude to discontinuing all legal proceedings with respect to the twin issues of the concession of the Oba Akenzua Cultural Centre by government to the Benin Traditional Council for 30 years and the creation of additional councils.”
The statement by Okepebholo’s Chief Press Secretary outlined the administration’s commitment to restoring the dignity and authority of the Benin monarch.
“This administration also hereby abolishes the new traditional councils in Edo South, created by the last administration,” the statement noted.
Additionally, Governor Okpebhol revoked the decision of the Obaseki’s administration to convert the Oba Akenzua II Cultural Centre into a motor park.
The government announced plans to restore the cultural centre to its original purpose.
“This administration is restoring the Oba Akenzua Centre to a suitable condition for its original purpose,” the statement added.
The governor also reinstated the financial entitlements of the Benin Traditional Council, ordering that the status quo before the creation of the abolished councils be maintained.
According to the statement, Okpebholo affirmed support for the Federal Government’s official gazette, which recognizes the Oba of Benin as the rightful owner and custodian of the repatriated Benin artefacts.
He also distanced his administration from the Museum of West Africa Art, instead backing the Benin Royal Museum project to house the artefacts.
“The Federal Government has also issued a gazette for the recognition of ownership and custody of the repatriated Benin artefacts to the Oba of Benin, Oba Ewuare II,” the statement explained. “Governor Okpebholo respects the rights and privileges of the traditional ruler of Benin kingdom… and pledges the support of his administration to ensure the monarch plays his role as the custodian of the rich cultural heritage of the Benin people.”
Okpebholo reiterated his administration’s respect for traditional institutions and vowed to avoid interference in the internal affairs of the Benin Traditional Council. “The Oba of Benin, as the father of all Benin people, is the sole custodian of the customs and traditions of the Benin people, and my administration respects customs and traditions in the land,” he stated, emphasising the government’s efforts to uphold the cultural and historical integrity of the Benin Kingdom.
News
Oyedepo’s jet can’t leave private airstrip without clearance – Keyamo
The Minister of Aviation and Aerospace Development, Festus Keyamo, on Sunday said there was no way the private plane of privileged Nigerians, including the Founder and Presiding Bishop of Living Faith Bible Church Worldwide, Bishop David Oyedepo, can leave the country directly from their airstrips without first securing clearance from relevant authorities.
Keyamo made the clarification when he was featured as a guest on Channels Television’s Politics Today.
His statement comes barely two months after members of the House of Representatives called for a revocation of airstrip licences issued to certain individuals and private organisations, citing security reasons.
The House also called for an immediate halt to new airstrip licences for individuals and organisations.
But Keyamo insisted that there was no way a plane or drone, even if it belongs to the military, can leave or come into the country without first getting a nod from the agency.
When asked if the airstrip of Oyedepo also passed through the same due process, Keyamo nodded.
He said, “Oh yes, absolutely. That’s no problem. They were only concerned about the fact that they thought that somebody can take off from a private airstrip and fly out of Nigeria or fly into Nigeria. It is not possible.
“You must land in an international airport first. Then the Customs, immigration and NDLEA will process you before you take off from there to your private airstrip. If you are also flying out, you must land at an international airport. You will go through Customs, immigration and all the normal process before flying out.
“So nobody uses an airstrip for any such purpose without seeking clearance. At every point in time, the authorities must approve.”
When quizzed on how many airstrips the country is operating at the moment, Keyamo said they are in the range of 40.
“We have a number of them, more than 40. For the federal airport, we have 23. The state airport has about eight or nine now.
“And then the airstrips are about 40 or thereabouts. I have been there myself,” he stated.
News
Abia bans unauthorised free medical outreaches
The Abia State Ministry of Health has reacted to the hospitalisation of some persons who attended a free medical outreach in Abiriba, Ohafia LGA, on Saturday, saying that the distribution of drugs to the public by uncertified persons was without the authorisation of the state government.
The Commissioner for Health, Professor Enoch Ogbonnaya Uche, who said this in a press release on Sunday, said that the organisers of the medical outreach did not obtain approval from the state government before embarking on the exercise.
He therefore announced that any medical outreach without authorisation from the Ministry of Health is illegal and can put the health of Abia people in jeopardy, warning that those who do so would be made to face the full wrath of the law.
DAILY POST recalls that many people were rushed to the hospital on Saturday at Abiriba after developing some medical emergencies on return from the medical outreach organised by a group.
According to Processor Uche, preliminary reports indicated that medications distributed during the outreach may have caused adverse drug reactions among unsuspecting recipients, even as he said that the identified victims of these untoward medical events are currently receiving medical attention at designated public health facilities within the state.
“Our dedicated healthcare personnel are working assiduously to stabilise and treat affected people. The Abia State Ministry of Health is deeply concerned by the dire consequences and high risk posed by unauthorised healthcare activities. We wish to hereby warn the public to be cautious of individuals and groups organising unapproved healthcare events,” said the health commissioner.
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