The Kaduna State Supreme Court sitting in Kafanchan reinstated Etum Arak of Arak Chiefdom, Gen Iliya Yammah (rtd).
The court overturned Governor Nasir El-Rufai’s order banning and restricting access of Yammah to his family, farm, and people.
In a ruling issued on Monday, Judge John Ambi said Section 11(3) of the Kaduna State Traditional Institutions Act 2021 that applied to the Arak Leader at Sanga Local Council was inconsistent with the provisions of Section 41 of the 1999 Constitution were amended, and therefore, void.
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He said:
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“An order compelling the respondents (Kaduna State Governor, Attorney General and Ministry of Local Government Affairs) to tender apology to the applicant (Arak chief) in two widely-circulated national dailies for infringement of his fundamental right to liberty.
“An order compelling the respondents to pay the applicant N5 millage damages for breach of his right.”
The plaintiffs’ attorneys, Garba Pwul (SAN) and Y Kyauta, on their other hand, praised the judge for the judiciary’s courage in ensuring that citizens’ rights were protected in the country.
Kyauta stated that the ruling annulled section 11(3) of the Kaduna State Traditional Institutions Act 2021 and granted the Chief of Arak the freedom to move anywhere in the country, including even the leader of Arak.
El-Rufai fired and expelled the monarch for allegedly disobeying orders and not residing in the domain.
