- NBA condemns conflicting orders, says the entire saga is disgraceful
The Chief Justice of Nigeria (CJN) Justice Olukayode Ariwoola has summoned the Chief Judges of the Federal High Court and Kano State following the conflicting judgments that emanated from their courts in the ongoing emirate tussle in Kano State.
Below is a statement issued by National Judicial Council Spokesman, Mr. Soji Oye.
Sequel to the conflicting judgements emanating from the Federal High Court, and Kano State High Court of Justice on the Chieftaincy matter in Kano State, The Hon. Chief Justice of Nigeria and Chairman, National Judicial Council, Hon. Justice Olukayode Ariwoola, GCON, has summoned the Chief Judge of the Federal High Court, Hon. Justice John Tsoho, OFR, and Chief Judge of Kano State High Court, Hon. Justice Dije Aboki for an emergency meeting in his chambers tomorrow Thursday 30 May 2024.
The meeting which is a prelude to whole scale investigation by the National Judicial Council is to enable the Hon. Chief Justice of Nigeria have a proper briefing on this very disturbing development by the two respective Chief Judges.
There is strong indication that the National Judicial Council will conduct an emergency meeting next week where the subject Judges are likely to be invited and subjected to serious investigations.
Soji Oye, Esq.
Director, Information
Posted on: Wed, 29th May, 2024
Likewise the Nigerian Bar Association (NBA) has described as disgraceful the conduct of lawyers and judges involved in the issuance of conflicting and counter court orders with respect to the Kano emirate tussle.
“I must say, without any equivocation, that the conducts of counsel and the Courts in the handling of the proceedings which culminated in the orders issued by the Federal High Court, the Kano State High Court and again the Federal High Court, in a circus, have brought utter disgrace and shame to the profession – have exposed the entire legal profession in Nigeria to public ridicule and opprobrium,” NBA president, Yakubu Maikyau, wrote in a statement on behalf of the association on Wednesday.
“The damage would take the legal profession a long time to recover from. It is unfortunate and was uncalled for,” said Mr Maikyau as he called for a probe of the lawyers and judges involved in the crisis.
The Kano Emirate crisis was sparked on Thursday with the signing of a law by Governor Abba Yusuf of Kano State, reversing the splitting of Kano emirate into five splinters by the former administration in the state.
Implementing the law on Friday, the governor reinstated Lamido Sanusi as the sole Emir of Kano. Mr Sanusi was dethroned in March 2020 and replaced with Aminu Ado Bayero by the former Governor Abdullahi Ganduje administration.
The new law, which came into force on Thursday, dissolved the four other emirate councils of Gaya, Karaye, Rano, and Bichi created by the past administration and merged them under one Kano emirate. The governor dethroned the emirs of the four proscribed splinter emirates and Mr Ado-Bayero and restored Mr Sanusi as the sole Emir of Kano on Friday.
Since the development, a flurry of conflicting and counter court orders issued in favour and against different parties to the tussle over the throne of the Emir of Kano has followed.
On Friday, the day Mr Sanusi’s reappointment was announced, the Federal High Court in Kano restrained the Kano State Government from implementing the new emirate law under which the reinstatement was done.
But on Monday, the Kano State High Court ordered the the police to evict Mr Ado-Bayero from the mini palace in Nasarawa area of the Kano metropolis, where his deposition was announced by the state government.
However, in a counter order on Tuesday, a judge of the Federal High Court in Kano, S. Amobeda, ordered the police to evict the reinstated Mr Sanusi from the Emir’s Palace in Kofar Kudu area of Kano metropolis of Kano State.
The judge ordered the Inspector-General of Police, Kayode Egbetokun, and the police to ensure that all rights and privileges of an Emir were given to Mr Ado-Bayero.
There was also another order by a judge, Amina Aliyu, of the Kano State High Court, on Tuesday, restraining the police, the State Security Service (SSS) and the Nigerian military from evicting Mr Sanusi from his palace.
These conflicting orders have created confusion and heightened tension in the state, leaving the state government and security agencies the opportunity to pick and choose which of them to obey, depending on which side of the tussle they are backing.
Call for Investigation
The NBA called on the chief judges of both the Federal High Court and the Kano State High Court to investigate the actions of the judges involved in the issuance of the confusing court orders and report their findings to the National Judicial Council (NJC). The NJC is the body saddled with disciplining of erring judges.
“I therefore call on the respective heads of the Courts of the Judges concerned, to take immediate steps to look into their conduct with the view to finding any possible abuse of their judicial offices and file a report with the National Judicial Council for necessary action,” he urged.
Regarding the lawyers involved, Mr Maikyau said the NBA would investigate their conduct and, if necessary, commence disciplinary actions through the Legal Practitioners Disciplinary Committee against them.
He said the Chairman of the NBA Ethics and Disciplinary Committee has been directed to invite the counsel for preliminary investigations.
Mr Maikyau emphasised the importance of safeguarding the judiciary’s integrity. Quoting Sheikh Othman Dan Fodiyo, he said, “A people can exist without religion, but they cannot exist without justice. Let us quit being religious as a people and begin to search for God and justice for the people, to attain the peace we all desire for the benefit of our nation.”
He reiterated the need for the legal profession to resist any attempt to compromise its independence.
He stressed the NBA’s commitment to maintaining the highest ethical standards within the legal profession and ensuring justice is upheld in Nigeria.
