Restrictions on the movement of Brig Gen Iliya Yammah (retd), the deposed traditional ruler of Arak chiefdom, have been nullified by the Kaduna State High Court in Kafanchan on Monday.
9JA NEWS recalls that Yammah was barred from entering Arak chiefdom by the state government following his removal in May 2023, in accordance with Section 11(3) of the Kaduna State Traditional Institution Law 2021.
According to the law, a deposed chief or emir can only access their domain with the approval of security agencies.
Yammah’s lead counsel, Garba Pwul, SAN, argued that the restriction on his client’s entry into Arak chiefdom violated his fundamental right to freedom of movement, as stated in Section 41 of the 1999 Constitution as amended.
Judge John Ambi ruled that Section 11(3) of the Kaduna State Traditional Institution Law be struck out for being inconsistent with the provisions of Section 41 of the 1999 Constitution as amended.
Ambi stated that the applicant’s right to freedom of movement can only be limited under conditions outlined in Section 41(2) of the 1999 Constitution, which the respondents did not mention in their counter affidavit.
He argued: “The Constitution is clear that any law inconsistent with its provisions is null and void to the extent of its inconsistency.”
Consequently, the court awarded the applicant N5 million in damages, instead of the N200 million requested, for the breach of his fundamental right.
The presiding judge, however, denied the request for an order compelling the respondents to issue a public apology to the applicant in two national newspapers.
Garba Pwul, lead counsel for the applicant, expressed satisfaction with the ruling, stating that it demonstrates the judiciary’s role as the last hope of the common man.
He said: “The judgement is sound. The judge has shown exemplary courage. The applicant can now freely access his domain, interact with his family, and tend to his farmlands.
“I hope that the Kaduna State government will learn to treat citizens, including traditional rulers, with decorum, and respect the rule of law.”
In response, the state counsel, Alex Aku, stated that the government will review the court’s judgement before deciding the next course of action.