The Kaduna State High Court in Kafanchan, as reported by Naija247news, has invalidated the state government’s order that banished and restricted Gen. Iliya Yammah (rtd), the Etum Arak of Arak Chiefdom, from accessing his family, farms, and people.
Thank you for reading this post, don't forget to subscribe!Justice John Ambi, in his ruling, declared that Section 11(3) of the Kaduna State Traditional Institution Law 2021, which had been applied to the Arak chiefdom in Sanga Local Council, was inconsistent with the provisions of Section 41 of the 1999 Constitution as amended. Consequently, he deemed it null and void.
The court issued the following orders:
1. The respondents (Kaduna State Governor, Attorney General, and Ministry of Local Government Affairs) are to tender an apology to the applicant (Arak chief) in two widely-circulated national newspapers for infringing on his fundamental right to liberty.
2. The respondents are to pay the applicant N5 million in damages for breaching his rights.
The decision comes after Governor Nasir el-Rufai’s dismissal and banishment of the Arak monarch in April 2023 over allegations of insubordination and non-residency within his domain.
Legal representatives of the petitioner, Garba Pwul (SAN) and Y. Kyauta, commended the judiciary for its courage in upholding citizens’ rights. Kyauta highlighted that the judgment not only invalidated Section 11(3) of Kaduna State Traditional Institution Law 2021 but also granted the Arak chief the freedom to move within the country, including his own chiefdom.
