A Federal High Court, presided over by Justice Simon Amobeda, has ordered Justices Faruk Adamu and Zuwaira Yusuf of the Kano State High Court to resign within 48 hours from their roles as chairpersons of the Judicial Commission of Inquiry on Misappropriated Public Properties and Assets, as well as Political Violence and Missing Persons.
Former Kano State Governor Abdullahi Umar Ganduje brought the case against the National Judicial Council (NJC), Revenue Mobilisation Allocation and Fiscal Commission, Attorney General of Kano State, and Justices Faruk Adamu and Zuwaira Yusuf.
In his ruling on Thursday, Justice Amobeda directed the NJC to cease payment of any remuneration, allowances, or benefits to the two judges from the consolidated revenue fund if they fail to comply with the order.
Governor Abba Kabir Yusuf had inaugurated the two judicial commissions of inquiry on April 4, chaired by Justices Adamu and Yusuf, to investigate cases of misappropriation of public properties, political violence, and missing persons spanning from 2015 to 2023.
Justice Amobeda further ruled that the judges must refrain from executing executive functions assigned to them by the governor in courtrooms designated for adjudicating disputes between individuals and authorities in the state.
He emphasized, “The judges, while holding the office of a judge of the High Court of Kano State, are not legally permitted to accept appointments as chairpersons of a commission of inquiry with quasi-judicial powers equivalent to that of a Magistrate, subject to review by a judge of the High Court of Kano State.”
The court underscored that the appointment and administration of oath of office for commissioners exercising executive powers can only be carried out by authorized entities, not the governor.
Regarding the investigation into the former governor by the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the court deemed it an abuse of power and violation of judicial integrity for the governor to establish a commission of inquiry.
However, the court dismissed the plaintiff’s argument that the judges compromised their judicial roles by participating in the judicial commission of inquiry.