April 30, (THEWILL) – A Kano State High Court has fixed May 27 for the hearing of three applications in the case of the suspension of the National Chairman of the All Progressives Congress (APC), Dr. Abdullahi Umar Ganduje.
The Applications to be entertained by the court are preliminary objection, jurisdiction and joinder application.
The Applicants, Haladu Gwanjo and Laminu Sani Borguma, through their Counsel, Ibrahim Sa’ad, informed the court that he filed a motion ex parte with a 13-paragraph affidavit seeking an order for an interim injunction on Ganduje’s suspension.
Recalled that the court had on April 17 granted an order directing parties to maintain status quo as of 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, or 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’s political party, pending the hearing and determination of the motion on notice.
When the case was mentioned on Tuesday, Counsel to the Applicant, Ibrahim Sa’ad, told the court that they were served with the counter affidavit by the respondent in the morning in Court. He asked for another date to enable them to respond to the application.
Counsel to the first, second and third respondents, M.M Duru, 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 of this Court to entertain this matter,” he said.
The Counsel to the fourth respondent, Lydia Oyewo, who also did not object to the new date, told the court that her client was not served with the court processes and therefore, was a breach of court order.
“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 for the court. Our client has not been served so we could not file any processes before the Court.
“However, we have been unable to compile and transmit records. 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 do the needful.
“This matter 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 have to do with leadership, membership and discipline of members,” she said.
On their part, parties seeking to be joined, led by Barrister S.U Jibril, informed the Court of their position in joining the matter before it.
After listening to both counsels, Justice Usman Malam Na’abba fixed May 27 to enable both parties to serve their processes and for the hearing of the three applications.
Abdullahi Yusuf is a seasoned journalist, communicator and was previously the Deputy Editor-In-Chief and Zonal Manager, News Agency of Nigeria, NAN, Jos, where he retired on December 15, 2021
