On Friday, two Kano State High Court judges, Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf, challenged a Federal High Court ruling that removed them from their roles as chairmen of judicial commissions of inquiry.
These commissions, established by Governor Abba Yusuf, were tasked with investigating the administration of former governor Abdullahi Umar Ganduje.
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Justice Farouk and Justice Zuwaira were appointed to lead the Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, and the Judicial Commission of Inquiry to Investigate Political Violence and Missing Persons, respectively.
However, Justice Simon Amobeda of the Federal High Court ruled on Thursday that they must resign within 48 hours or face the loss of their remuneration and allowances from the National Judicial Council (NJC).
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Dissatisfied with this ruling, the two judges, along with the Kano State Attorney General and Commissioner for Justice, have filed a notice of appeal and a stay of execution of the lower court’s decision.
In the appeal, registered as suit No. FHC/KN/CS/152/2024 against Dr. Abdullahi Ganduje and two others, the appellants present seven grounds of appeal and seek three reliefs from the appellate court.
They argue that the Federal High Court lacks jurisdiction over matters arising from the employment or appointment of individuals by the Kano State Government, a power reserved for the National Industrial Court of Nigeria.
The appellants further assert that the Kano State Government is authorized to appoint judicial officers for lawful functions not prohibited by the Nigerian constitution.
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They contend that the Federal High Court overstepped its jurisdiction, which is limited by Section 251 of the Constitution, and does not have the authority to rule on the conduct of Kano State Judiciary judges.
This jurisdiction, they argue, belongs exclusively to the NJC.
Additionally, the appellants claim that the Kano State Commission of Inquiries is established under state law and the governor’s executive powers, in accordance with the Nigerian constitution.
They argue that the Federal High Court unlawfully interfered with the legitimate functions and powers of the inquiry chairmen.
This appeal follows a suit previously instituted by former governor Ganduje, seeking to prevent Governor Yusuf from probing his administration.
