Two serving Judges of Kano state high court, Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf have challenged the decision of Federal high court, asking the juries to resign their appointments on Judiciary Commission of Inquiries in 48 hours.
The two judicial officers presently heading the judicial commission of inquiries established by Kano state government insisted Justice Simon Amobeda lack the judicial powers to rule over any matter concerning the propriety or otherwise of state judicial officers.
In his judgement, Justice Amobeda had queried the ingenuity of the two judges to remain objective in an assignment commissioned by the state government even while still serving as state judicial officers.
In an originating summon instituted by the National Chairman of All Progressives Congress (APC) Dr. Abdullahi Umar Ganduje, and two others (plaintiffs) had suit the two Judges for orchestrated move to probe him (Ganduje) using the instrument of the commission of inquiries.
Dissatisfied with the Judgement of Justice Simon Amobeda, the two Judges and Kano state Attorney General and Commissioner for Justice (Appellants) filed notice of appeal and stay of execution of the decision of the lower court.
In the notice of appeal suit No. FHC/KN/CS/152/2024 against Dr. Abdullahi Ganduje and two others, the appellants raised seven grounds of appeal and sought three reliefs from the appellate court.
The appellants held as part of grounds, that Federal high court has no power to exercise judicial powers on matters which arose from the employment or appointment of any person in the employment of Kano state government adding that only the National Industrial Court of Nigeria reserved such jurisdiction.
According to the notice, the appellants also submitted that Kano state government has the power to appoint or employ Judicial officers of Kano state Judiciary to carrying out functions or action which is lawful and not prohibited by the constitution of the Federal Republic of Nigeria.
The appellants also insist the the exercise of Judicial powers by the Federal high court is circumscribed of section 251 of the constitution as amended adding that ‘no Federal high court has the Jurisdiction or power to receive, entertain or pronounce on the proprietary or otherwise of the conduct of any Judge of the Kano state Judiciary’. Adding that such powers and prerogatives are only reserved of the National Judicial Council, who will not shared with any federal high court.
The notice also added that, “Kano state commission of inquiries are creation of the law of Kano state derived from the constitution of the Federal Republic of Nigeria. And the commission of inquiries established by the executive powers of the governor of Kano state in line with the provision of the law of Kano state. Federal high court unlawfully exercising Jurisdiction threat to interfere with the functions and powers of the chairmen”.
