The Association of Local Governments of Nigeria, (ALGON), Kano State Chapter, Ministry for Local Government and Chieftaincy Affairs and the 44 Local Government Chairmen of the state have written a petition to Legal Practitioners Privileges Committee against Musa Aliyu, (SAN), Chairman of Independent Corrupt Practices and Other Related Offences Commission (ICPC), in Kano for alleged violation court orders.
It will be recalled that the Legal Practitioners Privileges Committee is responsible for the award of the rank of Senior Advocate of Nigeria, SAN, to legal practitioners in Nigeria
However, the petition was written by Baba & Jibril, a law firm in Kano and solicitors to the Chairman, Association of Local Governments of Nigeria, ALGON, Kano State Chapter, Ministry for Local Government and Chieftaincy Affairs and the 44 Local Government Chairmen of the state on their behalf.
While the petition, dated September 17 and signed by the lead counsel, Shamsi Ubale Jibril, the lawyers said they decided to write the petition against the ICPC Chairman for his unprofessional conduct in suit number K/M1622/24, filed by their clients against the Kano State Public Complaint and Anti-Corruption Commission and 6 others, including the ICPC as a 2nd respondent.
In the suit, according to Mr. Jibril, the clients filed a motion ex parte and a motion on notice, both dated August 26, where they sought certain interim and injunctive reliefs against the respondents.
Also, in the petition, the lawyers explained that the Motion ex-parte filed by their clients was heard and granted on August 27, where the court granted an interim order that the respondents, including the ICPC, restraining them in whatever guise from disturbing, harassing threat to arrest, or detaining the applicants pending the hearing and determination of the Motion on Notice.
The ICPC, according to the petition, was duly served with the order of the court, and the matter was adjourned to September 12 for hearing of the clients’ originating motion for the enforcement of their fundamental human rights, but the ICPC chairman “disobeyed” the order and invited and allegedly intimidated the clients.
But the petitioners said that “to our greatest shock and dismay, even after the service of the order on the ICPC, headed by Dr Musa Adamu Aliyu, the ICPC has refused and neglects to obey the orders of the Kano State High Court by inviting, harassing, and intimidating our clients.
The ICPC, in defiance of the order of the court, kept writing to our clients and texting them, demanding they report to their offices. A sample of the invitation is hereby attached as Appendix 1.
“Sir, on the 10th day of September 2024, ICPC officers have attempted to arrest our clients and also harassed and intimidated them, stating that they would be arrested immediately after the Court sitting on the 12th day of September 2024 in total disregard of the orders of the court.
“Sir, these state of facts necessitated the issuance of Form 48 on the ICPC, and Form 48 is attached as Appendix 2.
“Our clients also instructed us to file, and we indeed filed a motion on notice dated 11th September 2024 seeking to prohibit the ICPC from participating in the proceedings until they comply with the order of the Kano State High Court dated 27th August 2024,” part of the petition reads.
“When the matter came up before the court on the 12th of September, 2024, we briefed the court on the prevailing state of affairs and applied that a date be given for the hearing of our motion on notice dated the 11th September, 2024, being contempt proceedings filed to safeguard the integrity of the court, and the judge graciously opted to transmit the case back to the CJ of Kano for redirection to another judge, being that the court is a vacation court.
We submit that the pendency of the above processes (i.e., the interim order, Form 48, and the motion dated September 11, 2024) is enough to restrain the ICPC headed by Dr Musa Adamu Aliyu from further harassing our clients pending the hearing of the substantive application.
“At the court session, Dr. Musa Adamu Aliyu appeared as counsel for ICPC, and in open court he opined that a date be given for the contempt proceedings, signalling that he intended to submit to the authority of the court. We were mistaken.
“As a matter of decorum and utmost respect for Dr Musa Adamu Aliyu S.A.N., who occupies the highest place of privilege in the legal profession, we wrote two letters dated September 13, 2024, to the ICPC’s headquarters and its Kano office urging them to stop inviting or arresting any of our clients pending the hearing and determination of the contempt proceedings and the substantive suit.
The letters are attached and marked as Appendices 3 and 4, respectively.
“Despite the above measures, Dr Musa Adamu Aliyu defied the authority of this honourable court (and as well ignored the professional courtesy accorded to him by our humble selves) and directed his men to invade the house of the 35th applicant in the suit, the Chairman of Rimin Gado Local Government, Kano, on the 13th of September 2024, at night, arrest him, and illegally detained him at their head office in Abuja in connection with the subject matter of the pending case, and in clear violation of the order of the court.
“Sir, the ICPC, under the leadership, legal advice, and representation of Dr Musa Adamu Aliyu (S.A.N.), has shown the utmost disdain for the courts and the independence of the judiciary, and Dr Musa Adamu Aliyu (S.A.N.) has conducted himself in a manner unbecoming of a Senior Advocate of Nigeria.”
While condemning the ICPC Chairman’s conduct as unfit and unbecoming of a Senior Advocate of Nigeria, the lawyers urged the Chairman of the privileges committee to investigate the matter and call Mr Aliyu to order.
“We urge you investigate this matter with a view to ensuring that leaned Silks admitted to the Inner Bar by your exalted Committee conform to the highest standard of behaviours and adherence to the rule of law.”
However, all efforts made to get the reaction of Musa Aliyu (SAN), Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), over the allegation were not successful as of the time of filling this report.
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