Ex-parte Court Order: Ganduje Ward petitions CJN, NJC over Justice Na’Abba’s judicial misconduct

Date:

Ganduje Ward, Dawakin Tofa Local Government Area, Kano State chapter of the All Progressives Congress (APC), has petitioned Chief Justice of Nigeria/Chairman, National Judicial Council, over Hon Justice Usman Na’Abba’s judicial misconduct in granting an Ex Parte order suspending the National Chairman of the party, Abdullahi Umar Ganduje.
Justice Na‘abba had granted an Ex-parte order suspending Umar Ganduje as a member of APC and further restrained him from performing his role as the ruling pwrty’s National Chairman.
The court’s decision was issued on 17th April, 2024, following an Ex-parte Motion filed by Ibrahim Sa’ad Esq. on behalf of two executive members of the APC Ganduje Ward.
The Order restrained 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.
The petition submitted on Wednesday 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 Matiam Na‘abba, presiding over Court 4 of the High Court of Kano State, in a ruling involving our party, the APC.”
Explaining the basis of their action, the petitioners noted: “The core of this 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 APC’s constitution provides specific procedures for handling disputes and disciplinary actions within the party Article 24.1(i) clearly provides for the right to fear hearing in relation to discipline of members of the party.
“The complaint was never served on Abduliahi Umar Ganduje and no invitation was issued to him to attend the purported descaplinery proceedings against him. The undateral judicial intervention by Hon. Justice Usman Mallam Ne’abba, preempts these internal processes and mechanisms, potentially overstepping judicial boundaries.
“Justice Na’abba granted the Ex-parte application ‘without recourse to the fact that we had earlier issued a joint press release widely published in both print and electronic media, wherein we had completely disassociated ourselves from the sileged suspension of Umar Ganduje and further stated that the perpetrators of the alleged suspension were non APC members in the Ward who were allegedly
“The alleged  suspension was therefore invalid and of no effects whatever having been issued by persons who imersonated members of our Ward Executive Committees and we wish to reiterate that these persons are non card-carrying members of our party,” they explained.
In their prayers, they requested the authorities to; “in light of our concerns, respectfully request the NJC to: conduct a thorough review of the circumstances and justification behind the decision of Justice Na’abba to issue such Orders ‘against Umar Ganduje and the APC.
“Evaluate the adherence with judicial guidelines and the Nigerian Constitution in the context of non-interference and 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 NJC will consider this matter with the seriousness it warrants and take appropriate action to preserve the sanctity of judicial discretion and authority,” they requested.

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