GANDUJE SAGA: APC Drags Judge To NJC Over Faulted Exparte Order

Dr. Abdullahi Umar Ganduje, Ward chapter of the party in Dawakin Tofa local government of the state has dragged the judge before the National Judicial Council NJC, for claimed fraudulent exparte order granted by Justice Usman Mallam Na’abba of the Kano State High Court in the matter between Halladu Giwanjo and the All Progressives Congress APC.

Recall that Kano State High Court granted an exparte order restraining the National Chairman of All Progressives Congress, APC, Dr. Abdullahi Umar Ganduje, from parading himself as National Chairman as well as a member of the party, pending the determination of the substituted motion of his suspension.

In the petition dated 17th April 2024 and addressed to the NJC chairman and Chief Justice of Nigeria CJN, alleged misconduct on the part of the judge in granting the exparte order suspending the Dr Abdullahi Ganduje as National Chairman of the APC.

Those who signed the petition are the 27 Ward Executives, including the Ward chairman, Ahmad Muhammed Ganduje, Auwalli Musa Roba, Usaini Jibrin, Babangida Sani, Halladu Giwanjo, Hassan Salisu, Usman Abdullahi, Haruna Abdullahi, Aminu Abubakar, Yahaya Khalid Barguma and Haruna Kura. Others are Usaini Yellow, Nalami Mai A/C, Ibrahim Saidu, Musa Abdu, Hassan Iliyasu, Sale Dangagai, Abdullahi Ibrahim Yarima, Ladidi Amadu, Amina Muhammad, Abba Amarawa, Sabi Saisai and Kurma Barguma.

Others includr Abdullahi Garba, Inusa Dambo, Usaini Muhammed Gale, and Dambo Dan’ila

Part of the petition reads; “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.

“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”.

According to the APC, the core of its petition revolves around the principle that the judiciary should not intervene in the internal affairs of a political party without clear evidence that the party’s internal mechanisms, as outlined in its constitution, have been exhausted.

The petitioners noted that the APC constitution provides specific procedures for handling disputes and disciplinary actions within the Party, citing Article 21.1(i) which it said clearly provides for the right to fair hearing in relation to discipline of members of the Party.

They noted that the complaint was never served on Dr Ganduje and no invitation was issued to him to attend the purported disciplinary proceedings against him.

Consequently, APC said the unilateral judicial intervention by Justice Na’abba, preempts these internal processes and mechanisms, potentially overstepping judicial boundaries.

They argued that Justice Na’abba granted the ex-parte application without recourse to the fact that “we had earlier issued a joint press release which was widely published in both print and electronic media, wherein we had completely disassociated ourselves from the alleged suspension of H.E. Dr. Abdullahi Umar Ganduje and further stated that the perpetrators of the alleged suspension were non APC members in the Ward who were allegedly sponsored by the NNPP led Kano State Government”.

The APC therefore contended that the alleged suspension was therefore invalid and of no effect whatsoever having been issued by persons who impersonated members of its Ward Executive Committee “and we wish to reiterate that these persons are non card-carrying members of our Party”.

In the petition, APC accused the judge of granting the ex-parte order without due process.

Accusing him of Judicial overreach, the APC said the judge has set a concerning precedent regarding the impartiality and scope of judicial intervention in political party governance.

Accordingly, it prayed the NJC to conduct a thorough review of the circumstances and justification behind the decision of Justice Na’abba to issue such orders against Dr Ganduje and the APC.

It also urged Council to evaluate the adherence to judicial guidelines and the Nigerian Constitution in the context of non-interference in political Party affairs; 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”, the petitioners added.