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Bauchi APC petitions NJC over ex-parte orders granted by two Judges



The last may not have been heard about the leadership crisis rocking Bauchi State chapter of the All Progressives Congress (APC), as the faction believed to be loyal to the Minister of Education, Adamu Adamu has dragged two Judges of the State High Court before the National Judicial Commission(NJC) for granting two separate ex-parte orders which it said, were contrary to procedures and conventions.

A copy of the two petitions against Justices Mu’azu Abubakar and Kunaza N. Hamidu dated December 20, 2021 and submitted at the office of the Chief Justice of Nigeria and Chairman of the NJC Hon Justice Mohammed Tanko on December 21, 2021, was for granting two separate ex-parte orders that will last till hearing and determination of the substantive suits without fair hearing.

The Petitioners in one of the petition is Alhaji Umar Jibo the APC Chairman elect in Dass Local Government Area of Bauchi State and Honourable Babayo Aliyu Misau the State Chairman elect and his executive members alleging that “By law, ex-parte orders are only granted to preserve the res and last only for 14 days.”

They stated that, “But, the two Judges separately gave orders in the suits no BA/294/2021 and BA/211/2021 which affect 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 do justice to their claims against the two Judges in fairness and equity.

It will be recalled that recently the Chief Justice of Nigeria (CJN), Ibrahim Tanko Muhammad, warned Judges against granting frivolous ex-parte orders to politicians, and threatened action for any jurist found wanting henceforth.

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It will be recalled also that the two State High Courts in separate orders restrained Mai Mala Buni and APC From inaugurating Hon Babayo Misau-led executive members who were elected recently, and Umar Jibo led executives of the LGA.

Those also restrained by the court order from administering the oath of office or according to Misau and his backroom ‘recognition’ as Bauchi APC leaders are acting APC National Caretaker Committee Chairman who is the 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 two High Courts persist pending the determination of the suit brought before the court.

By Yemi Kanji

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