The Court of Appeal, Kano Division, said it has yet to receive the notice of appeal reportedly filed by Justice Farouk Adamu and Justice Zuwaira Yusuf of the Kano State High Court against Justice Simon Amodeba of the Federal High Court, Kano, regarding the 48 hours given them to resign.
Justice Amobeda, in his judgment on July 4, 2024, gave the judges a 48-hour deadline to resign their appointments as chairmen of the Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets and the Judicial Commission of Inquiry to Investigate Political Violence and Missing Persons, respectively, or risk not being paid entitlements meant for judicial officers from the National Judicial Council (NJC).
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An official of the appeal court who doesn’t want his name mentioned in print told LEADERSHIP Weekend that the case was appealed at the Federal High Court, where the judgment was entered.
He said the procedure is when an appeal is made against a judgment, a notice of appeal can only be made at the court that delivered the judgment, where all the proceedings, judgments and rulings are compiled as a volume and transmitted to the Court of Appeal.
He said, “We are yet to receive it because there is still time. They have up to 60 days to compile all the records, while the appellant has up to 90 days to file the notice of appeal at the court that delivers the judgment.
“But it’s not necessary that it would have to take that long; you can abridge your time to transmit it less than the period provided by the law,” he explained.
However, the two judges who were dissatisfied with the judgment and Kano State attorney-general cum commissioner for justice (appellants) filed a notice of appeal (suit No. FHC/KN/CS/152/2024) and stay of execution of the decision of the lower court on July 5, 2024.
In the notice against Dr. Abdullahi Ganduje (who earlier instituted a suit before the Federal High Court seeking the court to stop Governor Yusuf from probing his administration) and two others, the appellants raised seven grounds of appeal. They sought three reliefs from the appellate court.
The notice highlighted that the Kano State government has the power to appoint or employ judicial officers to carry out lawful functions or actions. Hence, the Federal High Court has no power to exercise judicial powers on matters that arose from such employment or appointment, as only the National Industrial Court of Nigeria reserves such jurisdiction.
