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Ganduje to continue as APC chairman as Kano High Court vacates earlier order

Ganduje to continue as APC chairman as Kano High Court vacates earlier order

A Kano State High Court last week ordered that the national chairman of the All-Progressives Congress (APC), Abdullahi Umar Ganduje, desists from parading himself as chairman of the party.

The same court on Monday, however, suspended the execution of the same order it gave on the 17th of April, 2024.

Ganduje’s lawyers, led by Kemi Oyewo, made an expaerte application praying Justice Justice Usman Mallam Na’Abba to stay the execution of the order he gave on the 17th.

Justice Na’Abba granted the exparte application.

While vacating his earlier order, he said upon reading the Motion Ex-Parte together with 27 paragraph affidavit in support and a written address dated the 22nd day of April, 2024 sworn to by one Glory Adah a litigation secretary in the 4th respondent solicitor’s law firm, “And after hearing, Mr. L. O. Oyewo Esq, with A. Falana Esq and J. Essiet Esq counsels of the 4th Respondent/Applicant, an order of interim injunction is hereby granted”.

Earlier order

The court’s earlier order was giver ex parte, and restrained Ganduje from further parading himself as a member of the party. The order followed an ex parte motion filed by Haladu Gwanjo and Laminu Sani through their counsel, Ibrahim Sa’ad.

READ ALSO: FINANCIAL CRIMES: Why Ganduje can’t be arraigned as scheduled

The plaintiffs, who identified as executive members of APC Ganduje ward, said they brought the motion on behalf of the executive members of the ward.

Gwanjo, who identified as the party’s ward legal adviser, was the one who announced the suspension of Ganduje two days earlier.

The court ordered that henceforth, Ganduje should desist from presiding over all affairs of the National Working Committee (NWC) of APC.

Recall that an acclaimed leadership of the party at Ganduje ward in Dawkin Tofa local government area had announced the suspension of Ganduje, citing corruption charges filed against him by the government.

READ ALSO: Ganduje arraignment, Kano government and presidency involvement

But APC Chairman in Dawakin Tofa Local Government, Inusa Suleiman Dawanau, told newsmen that those behind the act were caught in anti-party activities, with records of their meetings with the ruling opposition exposed.

Judge dragged to NJC?

The APC condemned Justice Na’abba’s April 17th order, describing it as an illegality, and writing a petition against him to the National Judicial Council (NJC).

In the petition dated same 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.

 

READ ALSO: Kano ward exco suspends Ganduje from APC, urges him to clear his name in bribery case

“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.”

Implication of the stay of execution order

With Monday’s order to stay execution on the earlier order, some lawyers said Ganduje can as well retain his earlier position and continue to act in his capacity as APC national chairman until the court hears the substantive case regarding his purported suspension.

The matter was adjourned to the 30th day of April, 2024 for hearing of the Motion on Notice.

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