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Kwankwaso wants court to nullify probe panel's report
From Adamu Abuh, Kano
MINISTER of Defence, Rabiu Musa Kwankwaso, yesterday asked a Kano High Court to stop the government from acting on a White Paper report adopted by the state executive council.
The White Paper report, which is based on the findings of the Justice Ahmed Badamasi-led commission of enquiry, had indicted Kwankwaso who was governor of the state between 1999 and 2003 for allegedly misappropriating about N1 billion.
The report, which also indicted the state's Finance Commissioner during the period, Alhaji Hafiz Abubakar, specifically returned the damning verdict over the unaccounted N850 million, which was part of N1.4 billion ecological fund for the state from 1999 to 2003.
The former governor was also indicted on the disbursement of N97.5 million security votes on the eve of the election, the withdrawal of N62.7 million meant for scholarship and unspecified amount running into millions of naira meant for loans and grants to the Kano Investment and Properties Limited.
The minister, who was represented by Chief Afe Babalola (SAN), maintained that the decision of the Kano State Executive Council to adopt the White Paper report was illegal and contemptuous of the court proceedings on the substantive suit as regard the matter.
Babalola cited Edward Jones v Security Exchange Commission and Ojukwu v Military Governor of Lagos State, among others, and argued that the Kano
State government erred in law by releasing the White Paper despite pending substantive suits.
Babalola, who led a team of lawyers including Chief Adegbeyega Awomolo (SAN), submitted that since the issue of the legality of the probe panel was still pending before the court, the action of the Kano State government was a "misconception of law" regarding pending cases and was therefore intended to thwart justice.
His words: "I submit that in a democratic system of government like ours, the poor, the rich, the lowly and the high are subject to the authority of the court. That once a citizen turns over a matter to the court for adjudication, nobody has the right to deal with the matter in a prejudiced manner pending the determination of the suit. I submit that the action of the defendant is disrespectful and contemptuous."
Citing Mohammed Shaba Lafiagi v Governor of Kwara State and others, he prayed the court to nullify the panel's report until the determination of the substantive suit.
Kano State Attorney-General and Commissioner for Justice, Aliyu Umar, defending the government action, said it was due to the fact that the court had turned down an interlocutory injunction aimed at stalling the release of the White Paper.
But before the judge adjourned till December 14 for further hearing on the relief sought by the defence minister, Umar assured that government would not act on the report until the determination of the suit.
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