Hon. Justice Garba Abdullahi V. The Governor Of Kano State & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Lead Ruling)

Honourable Justice Garba Abdullahi (the applicant/appellant) was appointed and sworn in as a Judge of the High Court of Justice, Kano State in March 1993. Sometimes in the year 2001 one Aminu Baba Nabegu alleged that his Lordship collected some money from him to discharge his judicial functions.

His Lordship was tried by the State before a High Court in Kano but was discharged and acquitted. The State appealed to the Court of Appeal, Kaduna Division. The appeal is still pending. Meanwhile, on 31st May 2004 His Lordship was served with a dismissal letter by the 1st-3rd Respondents acting on the recommendations of the National Judicial Council (4th Respondent). Being aggrieved His Lordship instituted an action in the Federal High Court Kano which was subsequently transferred to the High Court of Kano State.

Pleadings were filed and exchanged. Upon hearing the parties coupled with the addresses of learned counsel Honourable Justice Abdu Aboki of the High Court of Justice Kano dismissed the suit on 13/2/2006. On 22/2/2006 learned counsel to His Lordship in person of M.N. Duru Esq. lodged an appeal against the decision of the learned trial Judge to this Court. With leave of this Court the Notice of Appeal was amended and filed on 7/12/2006. Appellant also had time extended on 15/3/2007 and filed a Brief of Argument the same day. On the 9/6/2009 the appellant brought an application in this Court supported by affidavit and documentary exhibits praying for the following reliefs:

“1. Leave of this honourable Court to further amend the appellant’s statement of claim by adding one new paragraph in the manner detailed in the schedule to this application and the proposed amended statement of claim annexed hereto.

SCHEDULE OF AMENDMENT

Adding a new paragraph 20a in the following manners-

20(a) The plaintiff avers that the deliberations of the 4th defendant in its meeting held on 12th and 13th January, 2004, it’s findings and recommendations as they concern the issue of disciplinary action on the plaintiff is ultra vires paragraph 20(i) of the 3rd Schedule of the Constitution of the Federal Republic of Nigeria 1999 and was therefore null and void; in that contrary to the said provision, 3 private legal practitioners to wit: KEHINDE SOFOLA SAN, A. N. ANYAMENE SAN and OKPOKO SAN sat in council during the said deliberations.

2. Leave of this Honouroble Court to raise and argue for the first time before this Court the issue of the breach of paragraph 20(1) of the 3rd schedule of the constitution of the Federal Republic of Nigeria, 1999.
3. Leave of this honourable Court to further amend the appellants’ Notice of Appeal by adding one new ground of appeal in the manner detailed in the schedule to this application and the proposed amended Notice of Appeal.

SCHEDULE OF THE AMENDMENT

By adding two additional grounds of appeal as ground 14 and 15 to read thus:

P. GROUND 14

The learned trial Judge erred in law which error occasioned a miscarriage of justice when he did not consider and/or advert his mind to the unconstitutionality of the meeting of the 4th defendant of January, 2004 when all the evidence in that regard were before him.

PARTICULARS OF ERROR

a. Paragraph 20, schedule three of the 1999 constitution of the Federal Republic of Nigeria, prohibits sitting of private legal practitioners at the meeting of the 4th defendant whenever it is exercising disciplinary control over judges.