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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
News
19 out of 38 Directors advance in race for Perm Sec slots
At least 19 of the 38 eligible directors who sat for the Permanent Secretaries’ examination sailed through the first stage and will proceed to the second stage of the selection exercise.
The process of appointing new Permanent Secretaries commenced on Monday, November 11, 2024, with a written examination. Of the 38 directors who took the examination, 19 did not pass.
The Head of Information and Public Relations at the Office of the Head of Service of the Federation, Eno Olotu, confirmed the development in a statement on Tuesday in Abuja.
She noted that the exercise continues President Bola Ahmed Tinubu’s commitment to enhancing and sustaining effective public service delivery, led by top-ranking civil servants equipped with essential 21st-century skills.
“The Office of the Head of the Civil Service of the Federation has commenced the three-stage assessment for appointing new Permanent Secretaries on Monday, November 11, 2024, with a written examination.
“Nineteen of the 38 eligible directors who sat for the examination have scaled through this first stage and will be participating in the second stage, which will test their competence in using information, communication, and technology (ICT) in conducting government business on Wednesday, November 13, 2024.
“This three-stage exercise follows the established tradition of a transparent and rigorous process, designed to ensure that the very best candidates are appointed,” Olotu stated.
The statement added that successful candidates will then proceed to the final stage, appearing before a carefully constituted panel of top bureaucrats and representatives from the organised private sector on Friday, November 15, 2024.
“This process will culminate in Mr President’s appointment of the best candidates representing the eight states of Abia, Bayelsa, Ebonyi, Enugu, Gombe, Kaduna, Kebbi, and Rivers, where vacancies exist.
“The Head of the Civil Service of the Federation congratulates all 38 candidates and appreciates the continued support of the Nigerian public in fostering meritocracy in career progression within the Civil Service,” the statement added.
News
Grid collapse: EFCC probes electricity contracts
The Chairman of the Economic and Financial Crimes Commission, Ola Olukoyede, on Tuesday, attributed the country’s epileptic power supply to corruption within the power sector.
He said the commission initiated a probe into the sector, adding that what it uncovered during its investigations would make Nigerians shed tears.
Speaking during the visit of the House Committee on Anti-Corruption and Financial Crimes to the commission’s headquarters in Abuja, Olukoyede lamented that contractors awarded projects to supply electrical equipment often opted for substandard materials.
He said this practice was a major cause of frequent equipment failures, outages, and grid collapses.
Olukoyede said, “As I am talking to you now, we are grappling with electricity. If you see some of the investigations we are carrying out within the power sector, you will shed tears.
“People who were awarded contracts to supply electricity equipment, instead of using what they call 9.0 guage, they will buy 5.0.
“So, every time you see the thing tripping off, gets burnt, and all of that, It’s part of our problems.”
He also stated that during its investigations, the commission discovered that in the last 20 years, capital project implementation and execution in the country were not up to 20 per cent.
He said the country could not achieve infrastructural or other forms of growth under such conditions.
“We discovered that in the last 15 to 20 years, we have not done up to 20 per cent of our capital project implementation and execution.
“And if we don’t do that, how do you want to have infrastructural development? How do you want to grow as a nation?
“So our mandate this year is to work with that directorate and with the National Assembly to see if we can meet up to 50 per cent of execution of our capital project for the year.
“If we do 50 per cent, we will be fine as a nation. The lack of implementation of this capital project, capital budget, is one of our major problems in Nigeria.
“If we can tackle that effectively, we will make progress as a nation. So we are doing everything to see how we can achieve that with your support.”
The anti-graft boss said the commission received over 17,000 petitions, adding that over 20,000 cases were currently under investigation.
He said, “We have several cases filed in court, apart from the conviction, running to thousands.
“In the last year, we have received over 17,000 petitions in EFCC. And right now, as I’m talking to you, we are investigating over 20,000 cases.
“Between last October and now, we have opened over 4,800 new cases. And what is our staff spread? We are less than 5,000 and now, with the additional responsibility of over 700 MDAs, 36 states, 774 local governments, and all of that.”
The Chairman of the committee, Obinna Onwusibe, called on the EFCC to collaborate with the judiciary to expedite the trials of suspects and reduce the number of inmates awaiting trial.
He said, “At this point, let me add that recently, on oversight visits to the maximum and minimum correctional centres in Kirikiri, Lagos State, numerous suspects have been awaiting trial for over one year, and yet we are all acquainted with the saying that justice delayed is justice denied.
“It is on this note that we call on the EFCC, the Attorney General of the Federation, and the judiciary to improve and ensure that the administration of criminal justice works in collaboration for an effective and efficient system that will bring about justice delivery to victims and society.”
He also urged the EFCC to ensure transparency and accountability in its operation.
“The negative maxim being peddled in certain quarters is that the agency is often being used to settle political scores, and this must be corrected by the EFCC,” he said.
News
DHQ moves to stop Lukarawa’s recruitment drive
The Defence Headquarters has said the new terrorist group, Lukarawa, has begun a recruitment process to bolster its fighting capabilities.
It, however, said the military was aware of the group’s recruitment activities and working closely with other security agencies and the state government to halt the recruitment efforts.
The DHQ had, last Thursday, confirmed the emergence of a new terrorist group known as ‘Lukarawa’ in the northern region, with operations in Sokoto and Kebbi states.
The Director of Media Operations, Maj Gen Edward Buba, said the terrorists began incursion into the northern parts of Sokoto and Kebbi states from the Niger Republic and Mali axis, particularly after the coup in the Niger Republic.
He blamed residents of the region for accommodating the terrorists and failing to report their movements to the military and other security agencies.
On Friday, the new terror group attacked Mera town in the Augie Local Government Area of Kebbi State while residents were preparing for Jumaat prayers, killing at least 15 people and carting away at least 100 cows.
Speaking in an interview with our correspondent on Tuesday, Buba said the terrorists were using sermons and welfare packages to entice the youth.
He added that the terror group was also using social media to drive its recruitment efforts.
Buba said, “The group is employing social media platforms, showcasing sermons and enticing recruits with welfare packages.
“Nevertheless, we know of these plans and are working together with other security forces and the state government to thwart the efforts of the terrorist.”
A former Director of the Department of State Services, Mike Ejiofor, argued that although the group had been in existence since 2018, the country’s intelligence agencies had been monitoring their activities.
He said the sect’s members were too few to constitute a serious threat to national security.
He said, “It must be clear that this group has been there since 2018. It’s not a new group. They have been there since 2018. They were brought in there by the community leader who wanted to help them fight. This group was formed by Nassala in Niger Republic. So when he died, the Nigerien government could not control them.
“So they were invited to assist them in Sokoto. They were there, but eventually, the Sokoto State government used their non-kinetic approach to make them leave that place through negotiation.
“Some of them remained, and they’ve been operating on a very new team. So it’s not as if it’s a new terrorist group that has just emerged.
“So they’ve been there, and the intelligence agencies have been following their activities. I can’t tell you the exact number now, but they are not men that can pose a major threat to our national security.
“But that is not to say that we will leave them. The intelligence circle is also following their activities.”
Ejiofor stated that security agencies must intensify their intelligence efforts and communities must support these agencies to help eliminate the terror group.
He said, “Yes, they might be trying to recruit some people. The intelligence services are monitoring their activities with a view to putting them in check so that they don’t take root within that area.
“There’s no cause for alarm, but you cannot at the same time underplay any security threat in the country. There’s much we can do through communal support.”
He blamed the community for not reporting the activities of the bandits.
“If they report, they’ll be in trouble. If they fail to report, they’ll be in trouble. So the best thing is to support the government.
“You know, they collect taxes from these people and make them raise funds and all these things. So they are in a precarious position.
“I think the best thing for us to do is to intensify intelligence efforts and operational efforts from the security agencies to make sure they are put in check before they spread,” he said.
A security expert, Timothy Avele, said, “From open sources we gathered the group has been in existence for the past six years.
“In fact, in some Kebbi communities, they’re collecting levies and handling judicial cases and even preventing emirs from carrying out their lawful duties.
“So it means they have been existing but have not been known to the press and general public.
“If this is confirmed to be true, it, therefore, means the security agencies, especially the DSS and police intelligence department failed in their primary responsibility of gathering and analysing strategic intelligence.”
He added that with the hardship in the country, it would be difficult to stop the group’s recruitment drive.
“However, if their sources of funds are targeted and blocked and their top leadership/sponsors (both local and foreign) eliminated, including carrying out specific cyber operations, only then it could be stopped,” he said.”
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