THE All Progressives Congress, on Wednesday, said it had dragged Justice Usman Na’abba of the Kano State High Court before the National Judicial Council for making an ex parte order restraining the party’s National Chairman, Abdullahi Ganduje, from further parading himself as the party’s leader.
The restraining order by the judge followed Monday’s suspension of Ganduje by executives of the Ganduje Ward in the Dawakin-Tofa Local Government Area of Kano State.
On Monday, the Legal Adviser of the APC Ganduje Ward, Dawakin-Tofa Local Government Area of Kano State, Haladu Gwanjo, addressed journalists in Kano, declaring Ganduje suspended.
Gwanjo said the APC ward leadership decided in view of the bribery allegations hanging on Ganduje’s neck.
He referred to the bribery charges, involving $413,000 and N1.38bn, filed by the Kano State Government against Ganduje before the Kano State High Court.
Further to the suspension, the Ganduje ward executives, on Wednesday, took an ex parte application, marked K/M658/2024, before Justice Na’Abba, praying that Ganduje be restrained.
The ex parte application had as applicant, the Ganduje Ward Legal Adviser, Gwanjo; and the ward’s Assistant Secretary, Laminu Baguma.
Listed as respondents in the suit are the APC, APC National Working Committee, the Kano State APC Executive Committee and Ganduje, listed as the fourth respondent.
In the copy of the certified true copy of the order sighted by The PUNCH on Wednesday, Justice Na’Abba ruled: “An order is hereby granted directing all parties in the suit to maintain status quo ante as of 15th day of April 2024 in relation to the suspension of the 4th from the 1st respondent by the Ganduje Ward Executive Committee, restraining the respondents, whether by themselves, servants, agents and privies, from taking any steps contrary to the decision of the Executive Committee of the Ganduje Ward Executive, which suspends the 4th respondent from the 1st respondent political party pending the hearing and determination of the motion on notice.”
Furthermore, he granted the applicants the leave to serve the court papers on the 1st, 3rd and 4th respondents outside the jurisdiction “to wit: at No. 40 Biatyre Crescent, Abuja.”
The judge adjourned the matter till April 30.
But the APC condemned the order, describing it as an illegality.
In the petition dated April 17 and signed by the Chairman of Ganduje’s ward and 26 others, the Kano APC appealed to the NJC to evaluate the adherence to judicial guidelines and the constitution in the context of non-interference and political party affairs.
The petition read: “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.
“Honourable Justice Usman Mallam Na‘Abba granted an ex parte order suspending Dr. Abdullahi Umar Ganduje as a member of the All Progressives Congress and further restrained him from performing his role as the National Chairman.”
The party said that a court summons was never served on Ganduje and further argued that the decision to intervene in the party’s internal affairs without clear and compelling reasons to circumvent the party’s own mechanisms appears to constitute a judicial breach.
“This action sets a concerning precedent regarding the impartiality and scope of judicial intervention in political party governance.
“In light of the above concerns, we respectfully request the National Judicial Council to: conduct a thorough review of the circumstances and justification behind the decision of Honourable Justice Usman Mallam Na’abba to issue such orders against Dr. Abdullahi Umar Ganduje and assess potential disciplinary measures if it is found that Honourable Justice Usman Mallam Na‘Abba acted beyond his jurisdiction or displayed conduct unbecoming of a judicial officer.”
The position was also shared by the National Legal Adviser of the APC, Prof Abdulkareem Kana, who insisted that the ruling party would neither respect nor obey the court order because it was unlawful.
