Peeved by the exparte order granted by Justice Usman Mallam Na’abba of the Kano State High Court which restrained Abdullahi Umar Ganduje from parading himself as National Chairman of the All Progressives Congress (APC), the Ganduje Ward chapter of the party in Dawakin Tofa local government has dragged Justice Na’abba before the National Judicial Council, ( NJC).
The exparte motion was filed by Dr Ibrahim Sa’ad Esq on behalf of two executive members of APC Ganduje ward, Dawakin-Tofa local government area; the assistant secretary, Laminu Sani; and legal adviser, Haladu Gwanjo (plaintiffs); who was part of the nine ward executive who had on Monday suspended the former Kano state governor as a member of the party.
Checks revealed that Justice Na’abba also held as prayed, stopped the State Working Committee of the APC Kano, from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by a two-thirds majority of the executives as provided by the party constitution.
In a petition signed by the 27 Ward Executives, dated 17th April 2024 and addressed to the NJC chairman and Chief Justice of Nigeria CJN, Justice Olukayode Ariwoola, they accused Justice Na’abba of gross misconduct in granting the exparte order which axed Abdullahi Ganduje as APC National Chairman.
The petition reads in part: “We the Executive Committee members of Ganduje Ward, Dawakin-Tofa Local Government Area of Kano State write to formally bring to your attention and seek intervention concerning the actions of Hon. Justice Usman Mallam Na’abba, presiding over Court 4 of the High Court of Kano State, in a ruling involving our Party, the All Progressives Congress APC.
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“Hon. Justice Usman Mallam Na’abba granted an Ex-parte Order suspending H.E. Dr. Abdullahi Umar Ganduje as a member of the All Progressives Congress APC and further restrained him from performing his role as the National Chairman.
“The Court’s decision, as referenced in the matter titled above was issued on 17th April 2024, following an Ex-parte Motion filed by Dr Ibrahim Sa’ad Esq., on behalf of two Executive members of the APC Ganduje Ward, Dawakin-Tofa Local Government Area of Kano State. The Order restrained H.E. Dr. Abdullahi Umar Ganduje from presiding over all affairs of the APC National Working Committee NWC and prohibited him from portraying himself as a member of the APC”.
Citing certain provisions of the APC Constitution which provides specific procedures for handling disputes and disciplinary actions within the party, the petitioners submitted that Justice Na’abba erred in having made a pronouncement on a matter bothering on internal affairs of the party.
They noted that the complaint was never served on Ganduje and no invitation was issued to him to attend the purported disciplinary proceedings against him.
The petitioners urged the NJC to evaluate the adherence to judicial guidelines and the Nigerian Constitution in the context of non-interference in political party affairs; and assess potential disciplinary measures if it is found that Justice Na’abba acted beyond his jurisdiction or displayed conduct unbecoming of a judicial officer.
“This petition is submitted in the interest of upholding the integrity of the judiciary and ensuring that political Party rights are not unduly infringed upon by premature judicial intervention. We trust that the National Judicial Council will consider this matter with the seriousness it warrants and take appropriate action to preserve the sanctity of judicial discretion and authority.”
