Justice Amobeda Defies Federal High Court Chief Judge’s Transfer Order Since June, Refuses To Leave Kano For Kogi

A Federal High Court Judge Justice Simon Amobeda has refused to comply with a judicial transfer order to Kogi State, nearly three months after the directive from the Chief Judge of the Federal High Court, Hon. Justice John T. Tsoho.

Justice Amobeda, who had been based in Kano, was posted to Kogi in July 2024, yet he has remained in Kano.

Justice Tsoho issued a nationwide posting directive dated July 12, 2024, mandating all reassigned judges to report to their new divisions, which include major centres such as Abuja, Lagos, Port Harcourt, Enugu, Kano, Kwara, and Kogi.

In the directive, Justice Tsoho disclosed that all affected judges were to complete any remaining cases where defence hearings were closed before departing.

Meanwhile, the Chief Judge himself is set to operate between Abuja and Lagos.

The source said that Justice Amobeda’s decision not to report to Kogi is stirring discussions within the judiciary, especially following criticism surrounding one of his judgments that reportedly contained strict conditions.

“The reason for his non-compliance with the transfer remains unclear, and it is yet to be confirmed whether any disciplinary actions will be considered by the Federal High Court’s leadership,” a source said.

Another source on Monday, recalled that despite Justice Simon Amobeda’s recent transfer to the Federal High Court in Kogi, he issued a ruling on Saturday’s Kano local government elections, annulling the victories of all 44 chairmanship and councillorship candidates from the New Nigeria Peoples Party (NNPP).

The judgment, delivered by Justice Amobeda in Kano on Friday, addressed a case filed by Muhammad Babayo and an NNPP faction disputing the party’s leadership.

Justice Amobeda ordered the Kano State Independent Electoral Commission (KANSIEC) to accept a new candidates’ list from the faction led by the recognized state chairman, Dalhatu Usman.

“The defendant is hereby restrained from releasing the voters register for the 2nd Defendant to conduct the proposed election on 26th October 2024,” declared Justice Amobeda.

The case named the Independent National Electoral Commission (INEC); KANSIEC; the Inspector General of Police, and the Director of the Department of State Services (DSS) as defendants.

SaharaReporters learned that earlier, on October 22, Justice Amobeda delivered a controversial judgment, despite having been transferred to Kogi State since July.

Just four days before the Kano Local Government Area elections, Justice Amobeda dismissed Prof. Sani Malumfashi as the Chairman of the Kano State Independent Electoral Commission, noting that he was a card-carrying member of a political party.

In his ruling last Tuesday, Justice Amobeda addressed a case filed by Aminu Aliyu Tiga and the All Progressives Congress.

The defendants include the Kano State Independent Electoral Commission, the Kano State House of Assembly, the Attorney General of Kano State, INEC, the Director of the Department of State Services, the Commissioner of Police for Kano, the State Commandant of the Nigerian Security and Civil Defence Corps, Kano State Command, Anas Muhammad Mustapha, Mukhtar Garba Dandago, Isyaku Ibrahim Kunya, Kabir Jibril Zakirai, and Amina Inuwa Fagge.

The court ruled that the 9th to 14th defendants, as members of the NNPP and active participants in partisan politics, were ineligible to serve as the chairman and members of the Kano State Independent Electoral Commission, in line with sections 197(1)(b) and 200(1)(a) of the 1999 Constitution (as amended) and Section 4 of the Kano State Independent Electoral Commission Law, 2001.

In June, Justice Amobeda also ruled on the case of the deposed Emir of Kano, Alhaji Aminu Ado Bayero, affirming his right to freedom of movement and civil liberties, and ordering the Kano State Government to pay him N10 million in damages.

In his recent judgment, Justice Amobeda granted the applicant’s counsel’s withdrawal of reliefs 1 and 2, recognizing their legal right to do so, effectively removing those reliefs from the case.

He further asserted the court’s jurisdiction, stressing that the case fell within the scope of fundamental human rights abuses under the Constitution, thereby authorizing the court’s authority over the matter.

The remaining reliefs requested by the applicants include damages totalling N5 billion for alleged threats to their human rights.