By Unini Chioma
*Says NBA Lacks Power To Investigate Him On Alleged Abuse of Office
Jigawa State attorney-general (AG) and commissioner of justice, Dr Musa Adamu Aliyu has filed a lawsuit at the Jigawa State High Court in Dutse against the Nigerian Bar Association (NBA), challenging its powers to question any act he did in performing his duty as the chief law officer of his state, nigeriansketch reports.
He said his office officially received the resolutions of the NBA fact-finding committee in respect of the Dutse branch of the association on Tuesday, the 9th of November 2021.
Recall that the AG said he has not received the report and resolution of the committee and hence would not say anything about it.
Dr Musa responded a day after by filing a concurrent Originating Summons against seven defendants, including the NBA; its president, Olumide Akpata; the chairman of the fact-finding committee, John Aikpokpo-Martins; Godwin Omoaka, SAN; Ahmed Uwais; Mustafa Imam and Abulrahman Bello El-Ibrani.
He asked the court determine whether in the light of Rules 2 and 4 of the Legal Practitioners Disciplinary Committee Rules 2020, the NBA’s Fact-Finding Committee has the same powers as the Legal Practitioners Disciplinary Committee to entertain and determine a complaint submitted to it against him to the extent of finding him to have “…conducted himself in a manner unbecoming of a legal practitioner in the course of his undue interference in the affairs of Dutse branch…”
He also sort to know whether the Defendants have power to direct, interfere and meddle with his constitutional functions and powers in his capacity as the attorney-general and commissioner of justice of his state under the guise of fact-finding.
He wanted to know whether in the light of sections 5, 128, 129, 193 and 194 of the 1999 Constitution, the fact-finding committee is vested with the power to make resolutions directing him, as the chief law officer of his state, to reverse a decision made within the ministry of justice of his state.
He equally sort to know whether in the light of sections 128 and 129 of the 1999 constitution, the NBA and its committee can assume the powers of the Jigawa State House of Assembly by questioning an act done by him in his capacity as the attorney-general of the state while exercising the executive powers donated to him by the Constitution and the laws of Jigawa State.
He wanted the court to determine if, considering paragraphs 9 and 12 of the 5th Schedule to the 1999 Constitution, the Defendants have the requisite powers to look into allegations of purported abuse of office against attorney-general of Jigawa State to the extent of concluding that “…The Honourable Attorney General of Jigawa State, Dr Musa Admu Aliyu, Esq abused the powers of his office…”
Finnaly, he sort for the determination whether, regarding Section 6(1)-(2) and Section 254C (1) of the 1999 Constitution, the NBA and its committee have powers to order him to reinstate 2 staff of the Ministry of Justice of Jigawa State to the position of Direstors from which they were earlier removed.
The reliefs he sort from the court included declarations that the NBA and its committee’s direction to him to reverse or review acts done by him in his capacity as the chief law officer of his state are ultra vires, illegal, null and void, and of no effect whatsoever because they contravene provisions of the 1999 Constitution, particularly Section 254C thereof.
A declaration that the act of the Defendants investigating a complaint of abuse of office against him in respect of matters done in exercise of the executive powers conferred on him bylaw is null and void because it violates the provisions of Sections 5, 128, 129, 193 and 194 of the Constitution of the Federal Republic of Nigeria.
A declaration that the recommendations of the Fact-Finding Committee are illegal, null and void, having been made in violation of the provisions of the Constitution.
A declaration that the conclusion by the Fact-Finding Committee that he has abused the powers of his office is null and void, having been made in contravention of Paragraphs 9, 12 and 18(1) to the 5th Schedule of the 1999 Constitution.
He asked the court to give an order setting aside the entire findings, conclusion and recommendations of the Fact-Finding Committee as far as they affect and relate to him for being illegal, null and void and in apparent contravention of the provisions of the Constitution.
In a 33-paragraphed affidavit he personally deposed to, the attorney-general said in paragraph 8 that the fact-finding committee was constituted “after a law suit number JDU/20/2020 was filed by one of the factions to the Dutse branch of the NBA before the Jigawa State High Court.”
In paragraph 9, he said “the law suit was filed via a writ of summons dated 19th September, 2020 and filed on 11th September, 2020.”
He said in paragraph 10 that “…My attention was drawn to the suit via a letter dated 19th September, 2020 by one Garba Abubakar Esq who is chairman of one of the factions in Dutse branch leadership crisis….”
In paragraph 11, he said “The Facts Finding Committee despite the existence/pendency of the law suit referred to above at the High Court of Jigawa State went ahead to carry out its mandate conferred on it by the 2nd Defendant.”
In paragraph 17, he said “The Facts Finding Committee metamorphosed into a disciplinary committee and determined the complaint against me submitted by Nuhu Suleiman Tafida Esq.”
In paragraph 29, he said “… as the Attorney General and Commissioner of Justice of Jigawa State I am answerable to the Executive Governor of the State and can only be investigated by the Jigawa State House of Assembly.”
