THE two conflicting court orders given in respect of the acting National Chairman of All Progressive Congress (APC), Alhaji Abdullahi Umar Ganduje’,over his purported suspension has now created palpable fear and confusion in the political landscape of Kano state.
It will be recalled that the conflicting court orders by a Kano High Court and a Federal High Court, all sitting in Kano, over the suspension has generated mixed reactions among the people.
Recall also that the Executive Committee of the All Progressive Congress (APC), in Ganduje Ward, Dawakin Tofa Local Government Area, on Monday, suspended Ganduje as a member of party in the Ward.
On Wednesday, a Kano High Court granted an exparte order restraining Ganduje from parading himself as a member of the party.
Then the court, subsequently
ordered, that henceforth, Ganduje should desist from presiding over all affairs of the National Working Committee (NWC) of the APC.
However, the application granted by Justice Usman Malam Na’abba followed an exparte motion filed by Dr. Ibrahim Sa’ad Esq on behalf of two executive members of APC in Ganduje Ward, Dawakin-Tofa Local Government Area.
They are the Assistant Secretary, Laminu Sani and Legal Adviser, Haladu Gwanjo (plaintiffs) who were part of the Nine Ward executives who suspended Ganduje over cases of corruption hanging around his neck.
The court directed the four parties (respondents) joined in the matter, who include All Progressives Congress (APC), APC National Working Committee (NWC), APC Kano State Working Committee (KSWC), and Dr. Abdullahi Umar Ganduje, to henceforth, maintain status quo ante belum as from 15th April, 2024, pending the hearing and determination of the substantive suit on 30th April, 2024.
Justice Na’abba also held and prayed as well stopped State Working Committee APC Kano, from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by two third majority of the executives as provided by the party constitution.
The Judge ruled that, “An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr. Abdullah Umar Ganduje (4th), to maintain status quo ante belum as of 15th April, 2024.”
He added that, ”The order thereby restraining the 1st respondent (APC) from recognizing the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legally and validly decision of the ward executives of Ganduje ward.”
Also, “That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC pending the hearing and determination of the substantive suit.”
It will be recalled that Nine members of the Ganduje ward proclaimed the suspension of the National Chairman of APC over the allegation of corruption slammed on him by Kano state government.
The Nine APC ward executives said that they were prompted to act following a petition written by one Ja’afaru Adamu, a member of APC from the National Chairman’s polling unit.
In the petition, Adamu complained over allegation of corruption charges against the former Governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party and the implication on President Bola Tinubu’s fight against corruption.
While in another turn of events, a Federal High Court sitting in Kano, dismissed the purported suspension on Thursday
Thereby ,the federal high court dismissing the suspension Ganduje, by leaders of the party in Ganduje Ward, Dawakin Tofa Local Government Area, Kano, even though it was said that the order was given on Weenesday.
The respondents in the application are the Police, Department of State Services (DSS), Nigeria Security and Civil Defence Corps (NSCDC), and nine other individuals.
The ex parte order delivered on Wednesday by the Federal High Court presided over by Justice A.M Liman, said the suspension of Ganduje should not be implemented until the case is heard and determined.
According to Justice Liman: “That all the Respondents, their servants, agents or privies are hereby restrained from Implementing and/or giving effect to the purported decision reached during the purported emergency meeting of the alleged Executive members of APC Ganduje Ward, held at Ganduje Ward of Dawakin Tofa Local.
“That all the parties are hereby mandated to maintain status quo before the purported emergency meeting of the alleged executive members of APC Ganduje Ward, and to stay action in respect of this matter pending the hearing and determination of the substantive application.”
However, this development has created serious confusion and apprehension in Kano’s political landscape, as pundits wonder why two courts of competent jurisdictions should give conflicting orders on a particularly case same day.
Political actors also wonder why the order from Justice Liman’s Federal High Court purportedly given on Wednesday should be shielded in secrecy for 24 hours before coming to the punlic dormain.
Alhaji Ibrahim Shehu, a political analyst is of the view that Justice Liman’s order is capable of destroying the image of the judiciary, insistiing that the order by the Federal High Court was given out of inducement and not tgrough the normal rules of the law.
“The integrity of Nigeria judiciary comes under attack following Justice Liman’s conflicting and dubious order. We should not forget in a haste, Justice Tanko’s warning to Judges over this kind of situation during a case between Nyesom Wike and former National Chairaman of PDP, Mr. Secondus.
” We only pray that the judiciary will look at this case critucallly and reverse itself from being destroyed by some judges who chose to destroy the image of the judiciary for selfish aggrandisement.”
While another legal luminary Barrister Isyaku Belli , said there is nothing like conflicting issue, because the same right a Kano state high court to granted the exparte order,so also the federal high court in any part of the country has the same right granted if necessary.