On Monday, the Kaduna State High Court in Kafanchan overturned the movement restrictions imposed by the Kaduna State government on Retired Brig.-Gen. Iliya Yammah, the deposed traditional ruler of Arak Chiefdom.
This decision follows his removal in May, which had led to the government preventing him from entering the Arak Chiefdom as per Section 11(3) of the Kaduna State Traditional Institution Law 2021.
The provisions of section 11(3) of the aforementioned law provide that where a chief or an emir is deposed, he can only access his domain upon the approval of security agencies.
In his ruling on the matter, Judge John Ambi struck out section 11 (3) of the Kaduna State Traditional Institution Law for being inconsistent with the provisions of section 41 of the 1999 Constitution as amended.
Ambi held that the applicant’s right to freedom of movement could only be limited under conditions outlined in section 41(2) of the 1999 Constitution which the respondents never alluded to in their counter affidavit.
“The constitution is abundantly clear that where any law is inconsistent with the provisions of the constitution, such a law is null and void to the extent of its inconsistency,” he ruled
Accordingly, the court awarded N10m damages to the applicant as against N200m he prayed to the court for breach of his fundamental right.
The presiding judge refused the prayer for an order compelling the respondents to tender a public apology to the applicant in two national dailies.
Yammah through his lead counsel, Garba Pwul, SAN, had argued that restricting his client’s entry into Arak Chiefdom was a breach of his fundamental right to freedom of movement enshrined in Section 41 of the 1999 Constitution as amended.
Speaking after the verdict, Pwul said the judgment was a demonstration of the role of the judiciary as the last hope of the common man.
Alex Aku, the state counsel, mentioned that the government will carefully review the court’s judgment before determining the subsequent course of action. (NAN)
