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CAJA petitions NJC, wants Kano CJ to investigate Magistrate Aminu Gabari

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Justice Tanko Muhammad.

Aminu Abdullahi

 

 

 

 

The Centre for Awareness on Justice and Accountability (CAJA) has wrote a petition against Chief Judge of Kano state for failure to take disciplinary action against Magistrate Aminu Gabari over alleged misconduct and corrupt practices.

KANO FOCUS reports that the petition dated March 15, was signed by Kabiru Sa’id Dakata and addressed to Chief Justice of Nigeria and Chairman, National Judicial Council, Justice Tanko Muhammad.

The petition said CAJA has observed after thorough investigation that in spite of having over 80 Magistrates, successive Chief Registrars of the Kano State High Court have been in the predictable habit of directing all politically exposed cases involving the Kano State Governor, Dr. Abdullahi Umar Ganduje or any member of the ruling party, against any perceived political opponent, to one Senior Magistrate Aminu Muhammad Gabari of Magistrate court No. 58, Nomansland, Kano.

CAJA allaged that “The said Magistrate, who our findings reveal is notorious among lawyers and litigants alike is evidently favoured by State’s Chief Judge who in spite of many petitions against the Magistrate and indeed many other erring magistrates in the State has failed and refused to take any administrative action; hence this petition is against the Chief Judge in his capacity as Chairman Judicial Service Commission, Kano State.”

“While it is predictable to all and sundry that all cases (mostly defamation of character- an ordinarily bailable offence considered a civil wrong in many jurisdiction of the world) against any perceived opponent of the Kano State government goes to the Senior Magistrate in question, the said Magistrate has never failed the State Governor and general public’s expectation by consistently imposing stringent and sometimes impossible bail conditions against anyone arraigned before him in this respect.

“My lord, it is also our keen observation that similar cases involving nonentities never get the type of treatment given to cases involving Kano State governor, members of the first family or other eminent members of the government or ruling party all of whom for obvious reasons prefer Aminu Gabari’s court over 80 other available options.

“The almost predictable pattern of the Magistrate is always to send the defendants to correctional centers on arraignment, after taking a simple bail application which would almost always be adjourned for ruling while ordering for the remand of the defendants. On the day of ruling for bail, the magistrate will normally impose stringent bail conditions apparently incompatible with the nature of the offence and in some cases, the learned magistrate will refuse to sit in the court for one excuse or another thereby prolonging the defendants’ incarceration.

“To cite a few instances, Engineer Mu`az Magaji Dan Sarauniya, Abdulmajid Almustapha (Danbilki Kwamanda), Salisu Yahaya Hotoro, Rufaida Ahmad, Damina Ali Gwarzo and Dalha Yusuf, all of whom are political opponents of the Kano State governor, have at various times suffered the above fate from the same magistrate.

“We will be ready in due course to furnish further particulars of even more cases and persons who suffer the same “justice” which my lord before now decreed must not only be done, but evidently be seen to be done by all and sundry.

“While we recognize the constitutional right of the governor to seek redress where he feels his character has been defamed, it is a cause for concern, under a rule of law regime, to devise special procedure in the determination of cases involving key government officials as our constitution requires fair and equitable treatment of all Nigerians.

“It is worthy of mention also that the lack of confidence in the administration of the Chief Judge of Kano State against many corrupt and erring magistrates has reached its height in Kano state, in that some complainants have resorted to file court cases against the persons of sitting magistrates before Kano State High court for a far-fetched judicial instead of administrative remedy.

“To cite an example here also, there is currently a civil case pending before Hon. Justice Ubale of the Kano State High Court against the same Aminu Gabari bordering on receipt of bribes via his bank account.

“While we remain utterly disturbed by the trend of administration of justice in Kano state, My lord, we are confident, Sir, that your good office will swiftly and expansively investigate this and even many other cases in order that Kano and indeed all other suitors for justice get the best justice they deserve,” the petition prayed.

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Gov. Abba Kabir Urges Security Agencies to Quell Thuggery in Kano

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Kano State Governor, Alhaji Abba Kabir Yusuf, has beseeched security agencies operating within the state to promptly bring an end to Thuggery and other malevolent activities that are disrupting peace in specific areas of the Kano metropolis.

The Governor gives this directives at the commencement of the 15th weekly meeting of the Kano State Executive Council held at the Government House.

This was contained in a statement issued by the governor’s spokesperson, Sanusi Bature Dawakin Tofa, on Saturday.

Governor Abba Kabir expressed disapproval of the recent upsurge in Thuggery and clashes involving Yan daba, affirming that the government will not passively observe while unscrupulous elements endanger the relative tranquility and harmony enjoyed by the law-abiding citizens of the state.

He reiterated that under his administration, the state government is diligently collaborating with relevant security agencies to ensure the safety and security of the populace and their possessions at all times.

Furthermore, Governor Abba Kabir cautioned Judges against the unwarranted release of thugs, emphasizing the threat they pose to the welfare of the state’s residents and stressing the importance of prompt and equitable dispensation of justice.

Alhaji Abba Kabir also instructed security agencies to strictly adhere to their mandated duty of safeguarding the lives and properties of the citizens they serve, warning against involvement in matters beyond their designated responsibilities.

He implored the populace in the state to continue with their lawful pursuits, assuring that the government will persevere in its commitment to ensuring their protection, and requested ongoing support and cooperation for the current administration.

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Emirate Tussle: Prof. Yadudu Faults Justice Liman’s Ruling, Says Judgement not Helpful For The Judicial Process

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Reacting to the ruling, renowned constitutional lawyer, Professor Auwalu Yadudu, told Daily Trust that the judge’s pronouncements were strange and baffling by approbating and reprobating in the same breath.

He said the development was not helpful for the judicial process, stressing that the judge assuming jurisdiction on the fundamental human rights aspect and refusing the same on the validity of the substance of the case–the Kano emirates law–has “muddled up the case, and it is very unbecoming of a judge who has now been elevated to the Court of Appeal”.

Professor Yadudu clarified that while he was not accusing the judge of any impropriety, the pronouncements were unbecoming. “How can you say the actions taken in pursuant of a law are set aside, and then say you are not delving into the validity of the said law?” he queried.
Prof. Yadudu said further that the judge had more or less held that he lacked jurisdiction on the issue by transferring the case to another judge, but still went ahead to set aside the governor’s actions.

He said that the ex-parte order should no longer be of any currency because it is being challenged at the Appeal Court, and the judge himself admitted knowledge of this by granting a stay of proceedings and also deciding not to grant an order to nullify the law.

“All these are avoidable. It is not helpful for the judicial process. It is strange and doesn’t speak well of the judge. The question of whether the governor’s actions came before and after the exparte order is a question of fact or evidence. It seems from the record that the order came after,” he said.

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Governing council: ASUU BUK rejects Gawuna’s appointment, favours Udoma’s return

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Nasiru Yusuf Ibrahim

 

 

The Academic Staff Union of Universities (ASUU), Bayero University Kano, BUK chapter during the weekend rejected the appointment of Kano top flight politician, Dr Nasiru Gawuna into the Governing Council of the second generation tertiary Institution.

 

KANO FOCUS reports that the Chairperson, Prof. Ibrahim Tajo Suraj said that the process that led to the appointment of politicians into the Governing Council of the nation’s citadel of learning contravened the relevant laws that guided such appointment.

 

Addressing newsmen in its secretariat, Comrade Siraj explained that “I must admit that we are not happy over the decision of the federal government to appoint hard core politicians into the Governing Council.

 

Prof. Siraj stressed that “the criteria for such appointments is explicitly clear, as it favoured the appointment of technocrats, academic to the Council”.

 

The Chairperson maintained that the sack of former Council with a constitutional mandate of

4 years tenure, after one year in office was a rape on the rule of law.

 

He therefore called on the federal government to reinstate Senator Udo Udoma led Governing Council to complete their term in the interests of the rule of law

 

Siraj stressed that “the scenario is just like sacking an executive governor of a state after just one in office, and you went ahead to assume that all is normal, no, this is rape on the rule of law.”

 

Ibrahim Tajo Suraj, earlier had led (ASUU), Bayero University Kano branch, on a peaceful protest on Friday demanding the federal government to pay their entitlements and implement the 2009 ASUU/FG Agreement.

 

Prof. Ibrahim Tajo Suraj, said the action was in compliance with the directive by the national body to all its branches to organize protests within their campuses on account of the federal government’s failure to pay their entitlements.

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