A Kano High Court sitting at Audu Bako secretariat has fixed May 27, 2024, for the commencement of the hearing of three applications in the case of the suspension of the National Chairman of the All Progressive Congress (APC), Abdullahi Umar Ganduje.
The Court presided over by Justice Usman Malam Na’abba demonstrated professionalism and efficiency in handling the case by carefully listening to counsels from both parties involved. After a thorough consideration of the arguments presented, Justice Na’abba proceeded to set a date for the upcoming hearing. This proactive approach by the Judge highlights the importance of conducting legal proceedings in a timely and organized manner to ensure due process for all parties.
By promptly scheduling the next hearing, Justice Na’abba is not only maintaining the momentum of the case but also indicating a commitment to expeditiously resolving the matter at hand. Such judicial efficacy is essential in upholding the principles of justice and ensuring that both sides have ample opportunity to present their case and be heard in a fair and impartial manner. The decisive action taken by Justice Na’abba reflects a dedication to upholding the rule of law and facilitating a swift and equitable resolution of legal disputes.
The applications are preliminary objection, joinder application, and challenge of the jurisdiction of the court to entertain and hear the matter.
The applicants, Haladu Gwanjo and Laminu Sani Barguma through their counsel, Ibrahim Abdullahi Sa’ad filed a motion exparte with 13 paragraph affidavit dated April 16 sworn by the second applicant.
The applicants are requesting the Court to grant an interim injunction pertaining to Governor Ganduje’s suspension. This legal remedy plays a crucial role in ensuring justice and maintaining the status quo pending the resolution of the main case.
An interim injunction is a temporary court order that aims to preserve the rights of the parties involved until a final decision is reached. In this situation, the applicants are seeking an interim injunction to prevent any negative consequences that may arise from Governor Ganduje’s suspension until the legal proceedings are concluded.
The court had on 17th April granted an order directing parties to maintain status quo as at the 15th day of April, 2024, in relation to the suspension of the fourth respondent from the first respondent by the Ganduje Ward executive committee restraining the respondents whether by themselves, servants, agents, privies from taking any step contrary to the decision of the executive committee of Ganduje Ward which suspends the fourth respondent from the first respondent political party pending the hearing and determination of the motion on notice.
At the resumed hearing , counsel to the applicant, Ibrahim Sa’ad, said they were served with the counter affidavit by the respondent this morning in court.
He asked for another date to enable them respond to the application.
Counsel to the first, second and third respondents did not object to the request made by the counsel to the applicant for a new date to be given.
“We have filed and served all parties our motion dated April 24 challenging the jurisdiction this Court to entertain this matter,” he said.
Counsel to the fourth respondent, Lydia Oyewo, did not also object the new date but told the court that her client was not served with the court processes.
“We have not been served with the processes of the Court. The plaintiff is in contempt of the court because they have failed with the order of the Court directing him to serve all the defendants in the matter.”
“Particularly, we are appearing out of respect to the court. Our client has not been served so we could not file any processes before the Court,” he stated.
He added that, “however, we have been unable to compile and transmit record. In essence, the court of appeal is not yet seized with the jurisdiction for the matter and then for this court to determine and continue with the matter pending when we did the needful.
“This is an intra party matter and the court has held severally to even to the apex court that the court does not have jurisdiction to hear and determine intra party matters that has to do with leadership, membership and discipline of members.”
In seeking to be joined in the matter at hand, led by Barrister S. U Jibril, the parties have taken a proactive stance to bolster their involvement in the legal proceedings. By formally informing the Court of their intention to join the matter, they are signaling their commitment to the case and asserting their legal rights.
This strategic move not only expands the scope of representation but also enhances the depth of legal arguments and perspectives that will be brought forth during the judicial process.
The decision to seek joinder underscores the parties’ recognition of the significance of the issues at stake and their interest in actively participating in the resolution of the matter. By articulating their position before the Court, they are positioning themselves as key stakeholders in the litigation process, ensuring that their voices are heard and their interests are duly considered.
After listening to both counsels, Justice Usman Malam Na’abba fixed 27 May to enable both parties to serve their processes and for hearing of the three applications.
