July 4, 2024, Kano, Nigeria – Aliyu and Musa (SAN) is pleased to announce a landmark victory in a pivotal case concerning the constitutionality of judicial appointments and executive powers within Kano State. The Federal High Court of Kano, presided over by Hon. Justice S.A. Amobeda, delivered a decisive judgment in favor of our client, Dr. Abdullahi Umar Ganduje, former Governor of Kano State.

Case Overview:
Our client, Dr. Abdullahi Umar Ganduje, initiated legal action challenging the appointment of two High Court judges as chairmen of Commissions of Inquiry by the incumbent Governor of Kano State. The plaintiff contended that these appointments were unconstitutional and breached the principle of separation of powers.

Court’s Decision:
The Federal High Court ruled affirmatively for the plaintiff, asserting that the Governor of Kano State overstepped his authority by appointing the judges to the commissions without appropriate consultation with the National Judicial Council. The court emphasized the necessity to preserve judicial independence and prevent encroachment by the executive branch.

Parties Involved:

• Plaintiff: Dr. Abdullahi Umar Ganduje
• 1st Defendant: National Judicial Council
• 2nd Defendant: Revenue Mobilization Allocation and Fiscal Commission
• 3rd Defendant: Attorney General of Kano State
• 4th Defendant: Hon. Justice Faruk Lawan Adamu
• 5th Defendant: Hon. Justice Zuwaira Yusuf

Key Highlights of the Judgment:

1. Unconstitutional Appointments: The court unequivocally determined that the Governor’s appointments of the 4th and 5th Defendants as chairmen of the commissions were unconstitutional.
2. Reinforcement of Separation of Powers: The judgment underscored the critical necessity of maintaining a distinct separation between the executive and judicial branches of government.
3. Preservation of Judicial Independence: The ruling affirmed that judicial officers must not undertake executive functions, thus safeguarding the integrity and autonomy of the judiciary.
4. 48-Hour Resignation Order: The court ordered the 4th and 5th Defendants to resign from their positions as chairmen of the commissions within 48 hours or face cessation of their remuneration, allowances, and benefits as judicial officers. Additionally, they were instructed to desist from performing executive functions assigned to them by the Governor of Kano State in courtrooms meant to adjudicate disputes between persons and authorities in Kano State.
5. Adherence to Prior Judgments: The court reiterated the necessity for adherence to prior judicial rulings, noting that the Governor’s establishment of commissions to investigate Ganduje without following due process was a violation of established legal precedents and amounted to abuse of office.

Impact and Significance:
This landmark ruling underscores Aliyu and Musa (SAN)’s steadfast commitment to upholding the rule of law and defending judicial independence. The decision not only vindicates our client’s position but also establishes a crucial precedent for the interpretation of constitutional powers within Nigeria.

Client’s Perspective:
Dr. Abdullahi Umar Ganduje expressed his profound appreciation for the firm’s unwavering dedication and expert legal representation, which were instrumental in securing this favorable outcome. He commended the legal team’s meticulous approach and strategic acumen throughout the litigation process.

Firm’s Statement:
“We are immensely pleased with this landmark judgment, which reaffirms the fundamental principles enshrined in our constitution. This victory is a reflection of our firm’s commitment to providing exceptional legal representation and our unwavering dedication to the rule of law,” stated Sunusi Musa, SAN, lead counsel for the plaintiff.

About Aliyu and Musa (SAN):
Aliyu and Musa (SAN) is a premier law firm renowned for excellence in litigation, dispute resolution, and comprehensive advisory services across various legal sectors. Our team of seasoned legal professionals is devoted to achieving the best possible outcomes for our clients through rigorous advocacy and strategic counsel.