APC files petitions against two judges for granting illegal, frivolous ex-parte order 

Posted by News Express | 26 December 2021 | 1,087 times

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The Bauchi State chapter of the All Progressives Congress (APC) has dragged two judges of the state high court to the National Judicial Commission (NJC) for granting ex-parte orders contrary to procedures and conventions.


This was contained in a copy of the petition against Justice Mu’azu Abubakar and Justice Kunaza N Hamidu, dated December 20, 2021.


The petitioners are Alhaji Umar Jibo, the APC chairman-elect in Dass Local Government Area, and Hon Babayo Aliyu Misau the chairman-elect and his executives

They submitted their petition at the office of the Chief Justice of Nigeria and Chairman of the NJC, Hon Justice Mohammed Tanko, on December 21, alleging that the two judges granted ex-parte orders that will last till hearing and determination of the substantive suit without a fair hearing.

“By law, ex-parte orders are only granted to preserve the res and last only for 14 days,” they stated.

According to them, the two judges separately gave the order in suits no BA/294/2021 and BA/211/2021 which affected their swearing-in, since both the two orders separately will last up to the hearing and determination of the suits filed by aggrieved parties over their victory.

They appealed to the National Judicial Commission to ensure justice to their claims against the two justices.

The Chief Justice of Nigeria has warned judges against granting frivolous ex-parte orders to politicians, and threatened action for any jurist found wanting henceforth.

The two state high court justices restrained Mai Mala Buni from inaugurating from Hon Babayo Misau-led executives who were elected recently, and the Umar Jibo led executives of the party

Those also restrained by the court order from administering the oath of office or his backroom ‘recognition’ as Bauchi APC leader are Acting APC National Caretaker Committee Chairman, Governor of Yobe State, Mai Mala Buni; Minister of Education Malam Adamu Adamu and former Speaker of the House of Representatives Hon Yakubu Dogara and their privies, agents, cohorts and representatives in whatever capacity.

The court order also ordered Misau and those that emerged as APC leaders in Bauchi along with him from ‘parading themselves in whatsoever manners or means and or acting in whatever capacities or names called as Bauchi State Executive Officers of APC pending the hearing of the substantive suit filed.’

The order of the high court persists pending the determination of the suit brought before the court.

Courtesy (excluding headline) The Guardian

Source: News Express

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