Home JUSTICE & JUDICIARY Alleged Financial Misappropriation: Kano Commission of Inquiry Lacks Power to Investigate Ganduje

Alleged Financial Misappropriation: Kano Commission of Inquiry Lacks Power to Investigate Ganduje

A Federal High Court sitting in Kano has declared that the Former Kano State Governor, Dr. Abdullahi Umar Ganduje can only be investigated by the Economic and Financial Crimes Commission or the Independent Corrupt Practices Commission not Commission of Inquiry into cases of misappropriation of public properties, political violence and missing persons between 2015 to 2023 established by Kano State Governor, Alhaji Abba Kabir Yusuf.

Dr. Ganduje, through his Counsel approached the Federal High Court Kano seeking the halting of the proceedings of two judicial commissions of inquiry into cases of misappropriation of public properties, political violence and missing persons between 2015 to 2023.

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Read Also: Federal Court Restrains Kano Governor’s Commissions of Inquiry
The Court further ordered the two appointed Chairmen of the committees to be resigned being a serving judicial officers of National Judicial Council.

Read the full Judgement Order:

“That, by the combined provisions of Sections 153(1)) of the Constitution of the Federal Republic of Nigeria, 1999, CFRN, 1999 (as altered) Paragraph 21(d) of Part I of the Third Schedule Constitution of the Federal Republic of Nigeria, 1999 (as altered) and sections 1, 3 and 6 of the Commission of Inquiry Law, Cap. 26, Laws of Kano State, the Governor of Kano State has no power to appoint the 4th and 5th Defendants and administer another Oath of Office on them to serve as Chairmen of Commission of Inquiry constituted by the Governor of Kano State, an office meant for Commissioners of Kano State Government in order to exercise executive powers assigned to them by the Governor of Kano State and stop them from performing their functions as Judges of the High Court of Kano State, without recourse to the 1st Defendant.

“That, by the combined effects of thenprovisions of Sections 6, 84, 153(1) 271(2), 272 together with Paragraph 21(c) of Part I of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as altered) the 4th and 5th Defendants are not legally permitted, while still purporting to hold the Ofice of Judge of High Court of Kano State, to accept appointments as Chairmen of Commissions of Inquiry with quasi-judicial powers equivalent powers to that of a Magistrate Court and subject to review by a Judge of the High Court of Kano State.

That, by the combined effect of Sections 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) the action of the Governor of Kano State of appointing the 4th and 5th Defendants as Chairmen of the Commissions of Inquiry pursuant to the provision of Sections 3 and 6 of the Commission of Inquiry Law, Cap. 26, Laws of Kano State, instead of appointing from amongst the Commissioners of Kano State Government is
an encroachment into and undermining the judicial arm of government, a breach of the violation of the Constitution, and gross misconduct on the part of the Governor of Kano State and the 3rd Defendant who doctrine of separation of powers, a grave administered the Oath of Office and Oath of Allegiance to the 4th and 5th Defendants.

“That, by the combined effect of the provisions of Sections 5, 6, 84 and 271 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) and Paragraph 21(c) of Part I of the Third Schedule thereof as well as the provision of the Preamble and Rule 3.7 of Revised Code of Conduct for
Judicial Officers of the Federal Republic of
Nigeria, issued by the 1st Defendant, the 4th
and 5th Defendants, having accepted an executive appointment as Chairmen of Commissions of Inquiry, abandoned their judicial functions and turned their Court rooms to a place of performing executive function assigned to themn by the Governor of Kano State, cannot simultaneously
continue to hold office as Judges of the High Court of Kano State and cannot be entitled to salaries and allowances of Judicial officers, as fixed by the 2nd Defendant and being paid by the 1st Defendant.

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“That, in view of the decision of this Honourable Court coram: Hon. Justice A.M. Liman in Suit No.FHC/KN/195/2023 (Between Dr. Abdullahi Umar Ganduje V. Nigeria Police Force 8& Ors) delivered on 5th day of MMarch 2024 declaring that the Plaintiff herein can only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC), it is an abuse of office and undermining the sanctity of the judiciary for the Governor of Kano State to set up a Commission of
Inquiry which is inferior to this Court to purport to investigate the administration

“That, the 4th and 5th Defendants, being serving judicial officers shall respectively resign from the appointment as Chairman of Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, and Chairman of Judicial Commission of Inquiry to investigate Political Violence and Missing Persons respectively, and shall desist forthwith, from performing executive functions assigned to them by the Governor of Kano State in Court rooms meant to adjudicate disputes between persons and
authorities in Kano State.” The court concluded

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