The ruling All Progressives Congress (APC) has dragged Justice Usman Na’Abba of the Kano High Court for allegedly breaching the extant provision of the law while granting an Ex-parte motion suspending its national chairman, Dr. Abdullahi Umar Ganduje from the party.
In a petition to the Chief Justice of Nigeria, Olukayode Ariwoola, and the NJC, the party contended that Justice Na’Abba overstepped his bounds by dabbling into its affairs.
APC contended that the decision to intervene in internal party affairs without clear and compelling reasons to circumvent the party’s mechanisms appears to constitute judicial overreach.
The petition was signed and presented by Malam Ahmed Muhammad and other members of the executive committee members of the Ganduje Ward in Dawakin Tofa local council of Kano state.
Justifying the initiative, the party argued: “The core of this petition revolves 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.
“The APC’s constitution provides specific procedures for handling disputes and disciplinary actions within the Party. Article 21.1(i) clearly provides for the right to fair hearing in relation to discipline of members of the Party.
“The complaint was never served on H.E. Or. Abduliahi Umar Ganduje and no invitation was issued to him to attend the purported disciplinary proceedings against him.
The unilateral judicial intervention by Hon. Justice Usman Maiiam Na’abba, preempts these internal processes and mechanisms, potentially overstepping judicial boundaries.”
The party thereby demanded the conduct of a thorough review of the circumstances and justification behind decision of Justice Na’abba to issue such orders against Ganduje and the APC.
It also demanded an evaluation of the adherence to judicial guidelines and the Nigerian Constitution in the context of non-interference in political Party affairs.
The party further demanded an assessment of potential disciplinary measures if it is found that Justice 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,”
“We trust that the National Judicial Council will consider this matter with the seriousness it warrants and take appropriate action to preserve the sanctity of judicial discretion and authority.”
