Kano State High Court presided over by Justice Usman Malam Na’abba, affirmed the suspension of Ganduje as APC national chairman, following an ex-parte motion filed by Dr Ibrahim Sa’ad on behalf of two executive members of Ganduje Ward of APC in Dawakin-Tofa LGA, the Assistant Secretary, Laminu Sani, and Legal Adviser, Haladu Gwanjo (plaintiffs), who were part of the ward executives who suspended Ganduje on Monday.
Among others, the court ordered that Dr Ganduje should desist from presiding over all affairs of the National Working Committee, NWC, of the APC.
Justice Na’abba also held as prayed, and 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.
“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 also restrained “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.’’
The court, however, adjourned the case till April 30, 2024, for hearing.
However, the APC NWC described the court order as a nullity, unenforceable and, therefore, cannot be obeyed.
The development came as Ganduje received the APC Ward Executives from his Ganduje Ward in Kano State, who were at the national secretariat to affirm their confidence in him.
Addressing the ward executives, Ganduje said those who purportedly suspended him were impostors.
Also speaking, National Legal Adviser of the Party, Prof. Abdulkarim Kana, said the Kano High Court order was not enforceable as it was obtained by fraud.
He said the ward executives would petition the National Judicial Council NJC to call the high court judge to order.
Ganduje reacts Ganduje, who also addressed hundreds of supporters outside the national secretariat of the party, accused the New Nigeria Peoples Party NNPP-led Kano State government of being jittery over the rising electoral profile of President Bola Tinubu in the state.
He said: “There is no doubt controversies will always come up in politics. I am not surprised when such controversies emerge from the grassroots.
“After a fair and critical investigation, it was found that those who met with officials of Kano State Government are not executive members of either the ward or local government and they are not even members of our political party.
“I have to appreciate you for showing your concern. What is happening is an incursion into our political party by the NNPP and the government of Kano State to destroy our party because they have seen their failures in their first year in office in terms of the economy and political unrest in the state.
“They are so concerned that we are battle-ready to take over the government come 2027. They are so concerned that we got the second-highest votes for Mr President and that we will get even higher to ensure that 2027 is a walkover.
“Their motive is to create confusion in our party so that we won’t have the courage and mind to take over the government of Kano and to also ensure that our president does not have intimidating votes from Kano State. Their intentions will fail.’’
APC drags Kano court judge before NJC
Angered by what it described as a fraudulent ex parte order granted by Justice Usman Mallam Na’abba of the Kano State High Court in the matter between Halladu Gwanjo and the APC, the Ganduje Ward chapter of the party in Dawakin Tofa local government of the state, has dragged the judge before the National Judicial Council, NJC
In the petition dated April 17, 2024, and addressed to the NJC chairman and Chief Justice of Nigeria, CJN, the party alleged misconduct on the part of the judge in granting the ex-parte order suspending 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, among others.
The petition 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 Mallam Na’abba, presiding over Court 4 of the High Court of Kano State, in a ruling involving our Party, the All Progressives Congress.
“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 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 about 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.
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.
Provision of APC constitution on suspension officers
Article 13, Section 3.3. A (v) of the APC constitution states: “The NWC shall exercise control and take disciplinary actions on all organs, officers and members of the party and determine appeals brought before it by any member or organ of the Party.”
In the case of State leaders, by Article 13.7 (vi) of the APC Constitution, only the State Executive Committee can exercise control and take disciplinary actions on all organs, officers and members of the party and determine appeals brought before it by any member or organ of the party within the State.”
