The Federal High Court in Kano, presided over by Justice Simon Amobeda, issued a 48-hour ultimatum on Thursday for Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf to resign from their positions as chairmen of two Judicial Commissions of Inquiry. These commissions were established to investigate the recovery of misappropriated public properties and assets, and political violence and missing persons, respectively.

The order was delivered during the judgment of a case brought by former Governor Abdullahi Ganduje. Ganduje sought to halt the investigation of his administration by the current government led by Governor Abba Yusuf.

Justice Amobeda expressed that failure to comply with the order would result in the judges forfeiting their remuneration, allowances, and benefits as judicial officers from the Consolidated Revenue Fund of the Federation, as managed by the National Judicial Council (NJC).

The suit names the NJC as the first defendant, with other defendants including the Revenue Mobilisation Allocation and Fiscal Commission, the Attorney-General of Kano State, Justice Farouk Lawan Adamu, and Justice Zuwaira Yusuf.

Justice Amobeda criticized the Governor’s decision to set up the commissions without appealing an earlier court judgment by Justice A. Liman. This prior judgment stated that Ganduje could only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC), and any deviation amounted to abuse of office and undermined judicial sanctity.

In his ruling, Justice Amobeda noted:

–  The Governor of Kano State lacks the authority to appoint the 4th and 5th Defendants (the judges) as chairmen of the commissions and administer oaths of office for roles meant for state commissioners.

–  The judges are not legally permitted to accept executive appointments while serving as judges. Doing so conflicts with the separation of powers doctrine and the Nigerian Constitution.

– The Governor’s action of appointing the judges violates constitutional principles and constitutes gross misconduct.

–  The judges, by accepting these executive roles, have abandoned their judicial duties and cannot continue to receive salaries and allowances as judicial officers.

–  In light of a previous court decision, the commissions set up by the Governor to investigate Ganduje are deemed inferior and constitute an abuse of office.

Justice Amobeda concluded by mandating that the judges must resign from their executive appointments and cease performing executive functions within the judiciary, reinforcing the importance of adhering to the constitutional separation of powers.