The All Progressives Congress (APC) has petitioned the National Judicial Council (NJC) demanding the review of court order issued by Justice Usman Na’abba of Kano state High Court ordering the national chairman of the party, Dr. Abdulahi Ganduje to stop parading himself as the chairman.
In the petition dated April 17 and signed by the Chairman of Ganduje’s ward, Mahmud Ganduje and 26 others asked the NJC to evaluate the adherence with judicial guidelines and the constitution in the context of non-interference and political Party affairs.
It said: “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 Mallamm 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 ruling party said the Court’s decision was issued on 17th April, 2024, following an ex-parte Motion filed by Dr Ibrahim Sa’adon behalf of two executive members of the APC, Ganduje Ward.
The APC explained that the core of its petition revolved 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.
It explained that the APC’s constitution provides specific procedures for handling disputes and disciplinary actions within the party, adding that Article 24.1(i) clearly provides for the right to fear hearing in relation to discipline of members of the party.
The party pointed out that the complaint was never served on Ganduje and no invitation was extended to him to attend the purported disciplinary proceedings against him.
The APC said the unilateral judicial intervention by Ne’abbe preempts these internal processes and mechanisms, potentially overstepping judicial boundaries.
It was of the opinion that the judge 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 the party had completely disassociated itself from the alleged suspension of Ganduje and further stated that the perpetrators of the alleged suspension were done by non APC members in the Ward.
It stated; “The alleged suspension was therefore invalid and of no effects whatever having been issued by persons who impersonated members of our Ward Executive Committees and we wish to reiterate that these persons are non card-carrying members of our party.”
The party stressed that the issuance of an ex-parte order in a politically sensitive matter involving the leadership of a political party without ensuring that all internal remedies have been exhausted raises concern about the proper judicial process.
It stated categorically that the decision to intervene in internal larty affairs without clear and compelling reasons to circumvent the party’s own mechanisms appears to constitute judicial overreach.
It noted: “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 Hon. Justice Usman Mallam Na’abba to issue such Orders ‘against H.E. Dr. Abdullahi 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 Hon. Justice Usman Mallam 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.”