By ANGO DON-BALLY
Five days after the Kaduna State Assembly probe panel indicted ex-Kaduna State Governor, Malam Nasir Ahmed el-Rufai of allege misappropriating 423 billion Naira,, the National Industrial Court sitting in Kaduna on Monday nullified his dethronement of the paramount monarch of Piriga Chiefdom, Lere Local Government, His Highness, Chief Jonathan Pharaguwa Zamuna, .
Delivering his judgement which lasted for 53 minutes, Honourable Justice Bashir Attahiru Alkali, having established that the lndustrial Court has the Jurisdiction to entertain the case, held that the government of ex-Governor el-Rufai did not comply with due process in dethroning the Piriga third class monarch, therefore, declared the act as unconstitutional, illegal, unfair, null and void and of no effect.
The court therefore ordered the reinstatement of Chief Zamuna back to the throne with all salaries paid and privileges accorded him restored; the court also ordered Kaduna State government to pay Chief Zamuna N10 million damages for breach of his Fundamental Rights, with an order to comply with the judgement within 30 days.
Reacting to the judgement, Henrietta Iorkumbul Esquire who represented the lead Counsel to the claimant, Napoleon O. ldenala Esquire, described fair hearing as key to justice and the rule of law.
However, James Kanyip Esquire, who represented the lead Counsel to the Defendant and the government of Kaduna state, declined comment on the judgement.
Speaking to The News Icon, the just reinstated Piriga paramount ruler, Chief Zamuna was full of appreciation and thankfulness that justice and fairness has prevailed.
Some members of the chiefdom who thronged the court premises for the ruling, also bared their minds on the outcome and expectation, thereafter.
It will be recalled that immediate past Governor, Malam Nasir Ahmad El-Rufai had on 22nd May, 2023 announced the deposition of two paramount rulers ruler of Piriga Chiefdom and that of Arak Chiefdom in Sanga Council area, His Royal Highness, retired Brigadier General Iliya Yammah, stating “the depositions followed recommendations from the Ministry of Local Government Affairs in line with the provisions of Section 11 of the Traditional Institutions Law No. 21 of 2021”, in a statement signed by the Commissioner for Local Government Affairs, Hajiya Umma Ahmad, disclosed in a statement.
But Chief Zamuna approached the industrial court and asked it to set aside the dethronement for lack of fair hearing, as he was neither given a query nor invited to state his own side of story on the allegations levelled against him.
A Kaduna High Court had on Tuesday 12tth September, 2023, nullified a Kaduna State government restriction of movement order placed on the deposed Piriga paramount ruler.
Delivering judgement on the case of breach of Fundamental Rights, Honourable Justice Nasiru U. Sadiq said the banishing order runs contrary to section 41, subsection 1 of the Constitution of the Federal Republic of Nigeria (as amended) which ‘states that every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom’.
Also, a Kaduna High Court sitting in Kafanchan, had in August 2023 nullified similar restriction of movement order placed on the deposed Arak Chief. The court also ordered Kaduna state government to pay Chief Yammah N5 million damages for breach of Fundamental Rights.
Reacting to the Court’s ruling, the lead Counsel to Chief Zamuna, Barrister Napoleon O. Idenala expressed satisfaction. He explained the magnitude of trauma the deposed chief suffers since the banishment order was placed on him, having lost his wife, brother and sister within a space of four months; however, he reserved comment on whether to appeal the refusal of the Court to award any damages despite claiming for 250 million naira damages, even though the court found that there was no defence and the Claimants fundamental right had been breached.
The Lead Counsel also stated further, the case the deposed Chief filed at the National lndustrial Court, sitting in Kaduna, praying the court to void his deposition and reinstate him back to his throne because the action of the government in doing so was arbitrary and without regards to the provisions of the 1999 Constitution (as amended).
“He had filed an action at the National lndustrustrial Court sitting in Kaduna challenging the legality of his deposition”.
“Upon his deposition, he was more or less banished to his house. Initially, the government wanted to banish him to an unknown house in Unguwan Rimi, Kaduna, which he refused. The government subsequently took him to his own house in Kaduna South and placed him literary under house arrest, by restricting his freedom of movement, with security stationed in front of his house”.
He gave a chronology of sad event that happened while Chief Zamuna has been on house arrest: “Someone need to be in his shoes before he can understand the magnitude of trauma His Highness is going through under the house arrest he has been subjected to: it was barely three weeks after his wife of over forty years died when the government announced his deposition, he explained.
He continued; “While under house arrest, his younger brother took ill and was admitted in the Hospital in Abuja; the government denied him permission to visit him; when he later died July, still, he was denied permission to see his dead body; yet, his request to attend his burial was denied and until after the burial that he received a letter from the government telling him that he can now attend the burial already done.
“After the death of his brother, his Nephew also died in Sanga area, yet, he could not attend the burial”, he explained further.
However, in the case before the National Industrial Court, the Defendants were represented by Barr James Kanyip and a Representative of the Defendants, while the Plaintiff was represented by Barr Napoleon O. Idenala, leading other Counsels.
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