By Uzair Adam Imam
A Federal High Court in Kano has given Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf 48 hours to resign from their appointments as chairmen of inquiry commissions set up by Kano State Governor Abba Kabir Yusuf.
The court also ordered the National Judicial Council to stop paying their salaries and benefits if they fail to comply.
The judges were appointed to investigate alleged misappropriation of public properties and political violence, but the court ruled that their acceptance of the appointments was an encroachment on the judicial arm of government and a breach of the separation of powers doctrine.
The court’s decision came in a case filed by former Governor Abdullahi Umar Ganduje, who sought to stop the probes. The court had earlier ruled that Ganduje could only be investigated by the EFCC or ICPC.
The judges were ordered to cease performing executive functions assigned to them by the Governor and to resign from their appointments as chairmen of the inquiry commissions. Failure to comply will result in the stoppage of their salaries and benefits.
According to the court, the Governor of Kano State has no power to appoint judges as chairmen of inquiry commissions without recourse to the National Judicial Council.
The court also stated that the judges’ acceptance of the appointments was a violation of the Code of Conduct for Judicial Officers.
The court’s ruling is a victory for Ganduje, who had challenged the probes as an abuse of office and undermining the sanctity of the judiciary.
The respondents in the suit include the National Judicial Council, the Revenue Mobilization Allocation and Fiscal Commission, the Attorney-General of Kano State, and the two judges.