…Orders payment of N5m damages
Kaduna State High Court sitting in Kafanchan has nullified the state government’s order banishing and restricting the Etum Arak of Arak Chiefdom, Gen. Iliya Yammah (rtd), from having access to his family, farms and people.
In a judgment delivered, yesterday, Justice John Ambi declared that Section 11(3) of Kaduna State Traditional Institution Law 2021 applied on Arak chiefdom in Sanga Local Council was inconsistent with the provisions of Section 41 of the 1999 Constitution as amended, and, therefore, null and void.
He issued: “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.”
In April 2023, Governor Nasir el-Rufai sacked and banished the monarch over allegations of insubordination and non-residency in domain.
Counsel to the petitioner, Garba Pwul (SAN) and Y. Kyauta, commended the judge for the judiciary’s courage to ensure that rights of citizens were protected in the country.
Kyauta noted that the judgment nullified Section 11(3) of Kaduna State Traditional Institution Law 2021 and granted the chief of Arak freedom to move freely everywhere in the country, including Arak chiefdom.
