Court nullifies restrictions on deposed Kaduna traditional ruler

On Monday, the limitation of mobility imposed on Brig. Gen. Iliya Yammah (ret. ), the deposed traditional ruler of the Arak chiefdom, by a Kaduna State High Court sitting in Kafanchan was invalidated.

According to Infostride News’s archives, after Yammah’s expulsion in May 2023, the state government prohibited him from entering the Arak chiefdom in accordance with Section 11(3) of the Kaduna State Traditional Institution Law 2021.

A deposed chief or emir may only return to his territory with the permission of law enforcement.

Legal representation for Yammah came from Garba Pwul, SAN, who claimed that the restrictions placed on his client’s ability to enter the Arak chiefdom violated his right to freedom of movement under Section 41 of the 1999 Constitution, as amended.

Since Section 11 (3) of the Kaduna State Traditional Institution Law contradicts Section 41 of the 1999 Constitution as amended, Judge John Ambi ruled that it must be repealed.

Since the respondents made no reference to Section 41(2) of the 1999 Constitution in their rebuttal affidavit, Judge Ambi ruled that the applicant’s right to freedom of movement could only be restricted under such circumstances.

He reasoned, “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.”

Therefore, the court granted the applicant N5 million in damages for the violation of his fundamental right, rather than the N200 million he requested.

However, the court who presided over the case ruled against the applicant’s request that the respondents issue an apology to him in two national dailies.

Garba Pwul, the applicant’s main counsel, issued a rapid response to the verdict, saying that it proved the importance of the judiciary as the last chance of the common man.

A good decision was made, in his opinion. The judge’s bravery stands as an example to us all. The candidate is now free to visit his home, farm, and interact with his family.

“It is my sincere hope that the government of Kaduna State will take this ruling as a lesson and treat its citizens, including traditional rulers, with respect and adherence to the rule of law.”

State lawyer Alex Aku has stated that the government will review the court’s decision and then decide on a course of action.